17245. Misbrandingr of canned clams.    U. S. v. 49 Cases of Canned Clams.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond.    (F. & D. No. 24553.    I. S. No. 018801.    S. No. 2867.)
On or about February 21, 1930, the United States attorney for the Northern 
District of California, 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 49 cases of canned clams, remaining in the orig-
inal unbroken packages at San Francisco, Calif., alleging that the article had 
been shipped by the Bugge Canning Co., from Seattle, Wash., on or about 
January 3, 1930, and transported from the State of Washington into the State 
of California, and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Can) "Tureen Brand 
Whole Clams Packed in Clam Nectar Packed by Bugge Canning Co., Sequim, 
Washington   *   *    *   Clam Meat 3 Lbs. 2 Oz."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " Clam Meat 3 Lbs. 2 Oz.," 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, since the 
quantity stated was not correct.
On March 28, 1930, the Jacobson-Shealy Co. (Inc), claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the said claimant upon payment of 
costs and the execution of a bond in the sum of $250, conditioned in part that 
it be repacked under the supervision of this department.
ABTHTJB M. HYDE, Secretary of Agriculture.