14294. Misbranding and alleged adulteration of canned clams.     V. S. v. 8
Cases of Canned Clams.     Decree of condemnation and forfeiture. 
Product released under bond.     (F. & D. No. 20327.     I.  S.  No.  6921-x.
S. No. E-5467.)
On August 21, 1925, the United States attorney for the District of Con- 
necticut, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 8 cases of canned clams, remaining in the original 
unbroken packages at New Haven, Conn., alleging that the article had been 
shipped by A. J. Lawler, South West Harbor, Me., on or about May 19, 1925, 
and transported from the State of Maine into the State of Connecticut, 
and charging adulteration and misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: " White Star Brand Maine 
Clams Net Weight 5 Ounces Packed By A. J. Lawler. So. West Harbor, Maine."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive brine, had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength and had been 
substituted in part for the said article.
Misbranding was alleged for the reason that the statement on the labels, 
to wit. " Clams Net Weight 5 Ounces," was false and misleading and deceived 
and misled the purchaser, for the further reason that it was offered for 
.sale under the distinctive name of another article, and for the further reason 
that it was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package.
On April 5. 1926, A. J. Lawler, South West Harbor, Me., having appeared 
as claimant for the property, a decree was entered, adjudging the product 
misbranded and ordering its condemnation and forfeiture, and it was further 
ordered by the court that the said product be released to the claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $150, conditioned in part that it not be sold or otherwise disposed 
of contrary to law. 
W. M. JARDINE, Secretary of Agriculture.