13308. Misbranding- of canned corn. IT. S. v. 200 Cases of Corn. Consent 
decree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 19916.    I. S. No. 15619^v.    S. No. E-3949.)
On March 20, 1925, the United States attorney for the Western District of 
New York, 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 200 cases of corn, remaining in the original unbroken 
packages at Buffalo, N. Y., consigned by the New Vienna Canning Co., New 
Vienna, Ohio, alleging that the article had been shipped by the * * * 
Canning Co., from New Vienna, Ohio, November 28, 1924, and transported from 
the State of Ohio into the State of New York, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: (Can) "Nun-so-good Brand Evergreen Sugar Corn Contents 1 Lb. 4 Oz. 
Packed By New Vienna Canning Co. New Vienna, Ohio."
Misbranding of the article was alleged in the libel for the reason that the 
statement " Contents 1 Lb. 4 Oz.," appearing in the labeling, was false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged for 
the further reason that it was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package.
On April 21, 1925, the New Vienna Canning Co., New Vienna, Ohio, having 
appeared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
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, for repacking, relabeling, 
use, and disposition pursuant to the law and under the supervision of this 
department.
R. W. DUNLAP, Acting Secretary of Agriculture.