7707. Adulteration and misbranding of canned corn.    XI. S.   *    *    *   v. 420
Cases * * * Cooli's Favorite Brand Sugar Corn. Decree of con- 
demnation  and   forfeiture.    Product   released   under   bond.     (F.   &
D. No. 10311.    I. S. No. 7925-r.    S. No. C-1228.)
On May 17, 1919, the United States attorney for the Eastern District of 
Kentucky, 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 420 cases, each containing 2 dozen cans of * * * Cook's 
Favorite Brand Sugar Corn, remaining unsold in the original unbroken packages 
at Lexington, Ky., consigned on or about October 8, 1918, by A. A. Linton, 
Clarksville, Ohio, and transported from the State of Ohio into the State of 
Kentucky, and charging adulteration and misbranding under the Food and Drugs 
Act. The article vvas labeled in part, " Cook's Favorite Brand Sugar Corn 
Packed by A. A. Linton Clarksville Ohio   Main Office Wilmington, O."
Adulteration of the article was alleged in the libel for the reason that field 
corn had been substituted in whole or in part for sugar corn, which the article 
purported to be.
Misbranding of the article was alleged in substance in the libel for the reason 
that certain statements, designs, and devices, borne by the labels above quoted, 
were false and misleading and designed to deceive and mislead the purchaser 
in that they represented and made it appear that the article was sugar corn, 
whereas, in fact and in truth, said article was field corn.
On October 21, 1919, the case came on for trial, and the jury returned a 
verdict of guilty, whereupon a judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to W. T. 
Sistrunk & Co., Lexington, Ky., claimant, upon the payment of the costs of the 
proceedings and the execution of a bond in the sum of $500, in conformity with 
section 10 of the act, conditioned in part that the product be relabeled, " Extra 
Early Adam's Corn    Garden Variety."
E. D. BALL, Acting Secretary of Agriculture.