S. No. 173.
F. & D. No. 460.	
Issued June 27,1910.
United States Department of Agriculture,
OFFICE  OF  THE  SECRETARY.
NOTICE OF JUDGMENT NO. 410, FOOD AND DRUGS ACT.
MISBRANDING OF CANNED CORN?"BEN HUR" BRAND.
SHORT WEIGHT.
On or about October 13, 1908, there were shipped from the State?
of Ohio into the State of Missouri 110 cases of canned corn, labeled?
"Ben Hur" brand. Samples of this product were procured and ex??
amined by the Bureau of Chemistry of the United States Department?
of Agriculture, and as the findings of the analyst and report made?
indicated that the product was misbranded within the meaning of the?
Food and Drugs Act of June 30, 1906, and liable to seizure under sec??
tion 10 of the act, the Secretary of Agriculture reported the facts to?
the United States attorney for the Eastern District of Missouri.
In due course libel was filed against the said 110 cases of canned?
corn, charging that each of said 110 cases was labeled "Two dozen?
2-lb. Ben Hur Brand Sugar Corn, Packed by the Atlantic Canning?
Co., Atlantic, Iowa." when in truth and in fact the average weight?
per can was 24| ounces, and that said cases were therefore misbranded?
in violation of section 8 of the above act, and praying condemnation?
and forfeiture of said 110 cases.
On May 24, 1909, no response or answer having been filed to the?
libel, the case came on for final hearing and the court rendered its?
decree, sustaining the allegation above set forth, condemning and?
forfeiting to the United States the said cases, and ordering their sale?
by the marshal of said court on June 25, 1909.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
WASHINGTON, D. C, May 23, 1910.
JAMES WILSON,?
Secretary of Agriculture.
46082?No. 410?10