11339. Misbranding and alleged adulteration of canned clams. TJ. S. v.?
744 Cases of Qanned Clams. Consent decree of condemnation and for??
feiture. Product released under bond. (F. & D. No. 17092. I. S. Nos.?
8303-v, 8305-v.     S   No. W-1265.)
On December 28, 1922, the United States attorney for the Western District?
of Washington, acting upon a report by the Secretary of Agriculture, filed in?
the District Court of the United States for said district a libel praying the seiz??
ure and condemnation of 744 cases of canned clams, remaining in the original?
unbroken packages at Seattle, Wash., alleging that the article had been shipped?
by the Mountain Point Packing Co., from Petersburg, Alaska, December 2, 1922,?
and transported from the Territory of Alaska into the State of Washington,?
and charging adulteration and misbranding in violation of the Food and Drugs?
Act, as amended. The article was labeled in part: " Golden Shore Brand Whole?
Clams Net Contents Not Less Than 15 Ounces Clams and Clam Nectar Packed?
In Alaska By Mountain Point Packing Co. Petersburg, Alaska."
176	
BUREAU OF  CHEMISTRY.	
[Supplement 157,
Adulteration of the article was alleged in the libel for the reason that exces??
sive brine had been mixed and packed with and substituted wholly or in part?
for the said article.
Misbranding was alleged for the reason that the statement, " Whole Clams,"?
was false and misleading and deceived and misled the purchaser. Misbranding?
was alleged for the further reason that the article was food in package form,?
and the quantity of the contents was not plainly and conspicuously marked on?
the outside of the package.
On January 8, 1923, C. M. Everitt, Seattle, Wash., claimant, having admitted?
the material allegations in the libel and having consented to the entry of a?
decree, judgment of condemnation and forfeiture was entered, the court finding?
the product to be misbranded, and it was ordered that the product be released?
to the said claimant upon payment of the costs of the proceedings and the?
execution of a good and sufficient bond, in conformity with section 10 of the act.
C. W. PUGSLEY, Acting Secretary of Agriculture.