1280. Adulteration and misbranding of canned clams.     IT. S. v. 38 Cases of Clams.
Default decree of condemnation.     Product ordered delivered to a public 
institution.     (F. D. C. No. 3287.    Sample No. 36444-E.)
This product contained excessive free liquid, and the drained weight was less 
than that declared on the label. 
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On October 31, 1940, the United States attorney for the District of New Hamp- 
shire filed a libel against 38 cases of clams at Berlin, N. H., alleging that the 
article had been shipped in interstate commerce on or about September 12, 1940, 
by R. B. and C. G. Stevens, from Columbia Falls, Maine; and charging that it 
was adulterated and misbranded. It was labeled in part: (Cans) "Jonesport 
Brand Fancy Clams Contents 5 Ozs. [or "Contents 10% Ozs. Avoir."]."
The article was alleged to be adulterated in that diluted clam juice had been 
substituted in whole or in part for clams.
It was alleged to be misbranded in that the statements "Contents 5 Ozs." or 
"Contents 10% Ozs." were false and misleading since they were not true either 
with respect to the drained weight or total net weight. It was alleged to be 
misbranded further in that its containers were so made, formed, or filled as to 
be misleading.
On December 17,1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered io a public institution.