NOTICE  OF  JUDGMENT  NO. 2134.
(tilven pursuant to section 4 of the Food and Drugs Act.)
ALLEGED  ADULTERATION   AND   MISBRANDING   OF  CANNED   CORN.
On July 12, 1912, the United States Attorney for the District of 
Colorado, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel for 
the seizure and condemnation of 517 cases, each containing 2 dozen 
cans of sugar corn, remaining unsold in the original unbroken pack- 
ages and in the possession of the Hickman-Lunbeck Grocery Co., a 
corporation, Greeley, Colo., alleging that the product had been 
shipped from the State of Nebraska into the State of Colorado, and 
charging adulteration and misbranding in violation of the Food and 
Drugs Act. The product was labeled:'' Golden Queen Extra Fine Sugar 
Corn, Packed by Atlantic Canning Co., Atlantic, Iowa, and Fremont, 
Neb.   This can contains sugar corn, granulated sugar, salt and water."
Adulteration of the product was alleged in the libel for the reason 
that the cans contained field corn, which was substituted in whole 
or in part for sugar corn so as greatly to reduce and lower the quality 
of the product. Misbranding was alleged for the reason that the labels 
and brands on the product regarding it were false and misleading and 
intended to deceive and mislead the purchaser into believing that the 
product was extra fine sugar corn, whereas, in truth and in fact, it 
was not sugar corn, but instead it was field corn in whole or in part.
On August 28, 1912, no claimant having appeared for the property, 
judgment of condemnation and forfeiture was entered, and it was 
further ordered that the property should be sold by the United States 
marshal. On October 30, 1912, the said Atlantic Canning Co., claim- 
ant, having petitioned the court to reopen and vacate the final decree 
above referred to, it was ordered that the said final decree be vacated 
and set aside and that the said claimant be granted the right to 
defend the libel. It was further ordered that all acts done and steps 
taken theretofore, under and by virtue of said final decree, be con- 
firmed without prejudice to the rights of said claimant company to 
prosecute, before the proper Department or Court of Claims, its claim 
for the money obtained from the sale of the product, less the costs, 
charges, and expenses of said proceedings.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, December 20, 1912.
71582°—No. 2134—13 
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