11767. Adulteration and misbranding of canned corn. IT. S. v. 168 Gases 
of Canned Corn. Decree entered ordering release of goods under 
bond to be relabeled. (P. & D. No. 17513. I. S. No. 1051-v. S No. 
TC-4393.)
On or about May 17, 1923, the United States attorney for the District of 
Maryland, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the 
seizure and condemnation of 168 cases of canned corn, remaining in the 
original unbroken packages at Cumberland, Md., alleging that the article had 
been shipped by C. W. Baker & Sons, Middletown, Del., on or about November 
"21, 1922, and transported from the State of Delaware into the State of Mary- 
land, and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: " Morning Star * * * 
'Sugar Corn Contents 1 Pound 3 Ounces * * * Distributed By G. H. 
Baker, Middletown, Del."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, scrapings from corn cobs, had been mixed and packed 
therewith so as to reduce and lower and injuriously affect its quality and 
strength and had been substituted in whole or in part for the said article.
Misbranding was alleged for the reason that the statement, " Sugar Corn," 
and the design showing whole ears of corn, appearing on the labels of the 
cans containing the article, were false and misleading and deceived and 
misled the purchaser in that the said statement and design represented the
76312-24 2
product to be whole sugar corn, whereas, in truth and in fact, it was not 
whole sugar corn but was a product consisting chiefly of corn-cob scrapings. 
Misbranding" was alleged for the further reason that the article was offered 
for sale under the distinctive name of another article, to wit, sugar corn.
On June 28, 1923, Harold G. Baker, Middletown, Del., having appeared as 
claimant for the property and having agreed to relabel the product and pay 
the costs of inspection, a decree of the court was entered ordering the release 
of the product to the said claimant upon payment of the costs of the pro- 
ceedings and the execution of a bond in the sum of $1,000, in conformity with 
section 10 of the act.
HOWARD M. GOEE, Acting Secretary of Agriculture.