18010. Misbranding of canned clam nectar.    U. S. v. 172 Cases, et al., of
Clam Nectar. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. Nos. 25651, 25652. I. S. Nos. 
11675, 11699, 11700.    S. No. 3925.)
Samples of canned clam nectar from the herein-described shipments having 
been found short of the declared volume, the Secretary of Agriculture reported 
the matter to the United States attorney for the Northern District of Cali- 
fornia.
On January 10, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 346 cases of clam nectar, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
by the Bugge Canning Co., from Sequim, Wash,, on or about December 15, 
1930, and transported from the State of Washington into the State of Cali- 
fornia, and charging misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: "Tureen Brand Clam Nectar 
Contents 3 Quarts 4 Fl. Oz. Packed by Bugge Canning Co., Sequim, Washington."
It was alleged in the libel that the article was misbranded in that the 
statement, "3 Quarts 4 Fl. Oz.," was false and misleading and deceived and 
misled the purchaser when applied to a product short of the said declared 
volume. 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 statement 
made was not correct.
On January 26, 1931, the Bugge Canning Co., Sequim, Wash., having ap- 
peared as claimant for the property 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 $594, conditioned/ 
in part that it be brought into compliance with the law under the supervision! 
of this department.
AETHTJB M. HYDE, Secretary of Agriculture.