18820. Adulteration    and    Misbranding of    canned    minced    clams.     TJ.    S.    v.
50 Cases, et al., of Bllnced Clams. Consent decrees of condemnation 
and forfeiture. Product released under bond. (F. & D. Nos. 26710. 
26724.    I. S. Nos. 22817, 22823, 22851, 22853.    S. Nos. 4853, 4869.)
Samples of canned minced clams from the shipments herein described having 
been found to contain excessive brine, the Secretary of Agriculture reported 
the matter to the United States attorney for the Northern District of California.
On June 26 and July 1, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 756 cases, each containing 48 cans of minced clams, remaining 
in the original unbroken packages at San Francisco, Calif., alleging that the 
article had been shipped by Wiegardt Bros., from Ocean Park, Wash., in part 
on or about May 20, 1931, and in part on or about June 5, 1931, and had been 
transported from the State of Washington into the State of California, and 
charging adulteration and misbranding in violation of the food and drugs act.
A portion of the article was labeled in part: (Case) "48 Halves Jacobson 
Reimer Co. San Francisco;" (can) " Master Brand Minced Razor Clams Packed 
by Wiegardt Bros. Ocean Park, Washington. Contents 7 Oz." The remainder 
of the said article was labeled in part: (Case) " 4 Doz. No. % S and W Minced 
Razor Clams Sussman Wormser & Co. Distributors San Francisco, Calif.;" 
(can) " S & W Minced Razor Clams Contents Weight 3% oz. Clam meat metric 
equivalent 99 grams."
It was alleged in the libels that the article was adulterated in that excessive- 
brine had been substituted in part for the said article.
Misbranding was alleged with respect to a portion of the article for the 
reason that the statement on the label, " Minced Razor Clams," was false and 
misleading and deceived and mislead the purchaser when applied to a product 
containing an excessive amount of brine; and for the further reason that the 
article was offered for sale under the distinctive name of another artiele. 
Misbranding was alleged with respect to the remainder of the article for the 
reason that the statements, "Minced Razor Clams" and "Contents weight 
3% oz. Clam meat metric equivalent 99 grams.," were false and misleading and 
deceived and misled the purchaser when applied to an article containing 
excessive brine.
On August 5, 1931, Wiegardt Bros., Ocean Park, Wash., having appeared a& 
claimant for the property and having consented to the entry of decrees, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be released to the said claimant upon payment of 
costs and the deposit of cash bonds totaling $500, conditioned in part that it 
should not be sold or otherwise disposed of contrary to the provisions of the 
Federal food and drugs act, or to the laws of any State, Territory, district, or- 
insular possession. 
AKTHOT M. HYDE, Secretary of Agriculture.