12061. Misbranding of canned clams. 17. S. v. Twitchell-Champlin Co., a Corporation. Plea of nolo contendere. Fine, $100. (F. & D. No. 16970. I. S. No. 5475-t.) On February 24, 1923, the United States attorney for the District of Maine, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district an information against the Twitchell-Champlin Co., a corporation, Portland, Me., alleging shipment by said company, in violation of the Food and Drugs Act, as amended, on or about August 20, 1921, from the State of Maine into the State of Massachusetts, of a quantity of canned clams which were misbranded. The article was labeled in part: (Can) "Hatchet Brand * * * Fresh Clams * * * Contains 5 Oz. Clams * * * The Twitchell-Champlin Co. Portland, Me. & Boston, Mass." 99890-24 2 Examination by1 the Bureau of Chemistry of this department of 12 cans from the consignment showed an average net weight of 4.66 ounces of clam meat. Misbranding of the article was alleged in the information for the reason that the statement, to wit, " Contains 5 Oz. Clams," borne on the labels at- tached to the cans containing the article, was false and misleading, in that it represented that each of the said cans contained 5 ounces of the said article, and for the further reason that it was labeled as aforesaid so as to deceive and mislead the purchaser into the belief that each of said cans contained 5 ounces of the said article, whereas, in truth and in fact, each of said cans did not contain 5 ounces of the article but did contain a less amount. Misbrand- ing 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 December 17, 1923, a plea of nolo contendere to the information was en- tered on behalf of the defendant company, and the court imposed a fine of $100. HOWARD M. GORE, Acting Secretary of Agriculture.