15639.?Adulteration  and misbranding1  of canned  corn.     TJ. S.  v.  246  Cases,
et al., of Canned Corn. Consent decree of condemnation and for??
feiture. Product released under bond. (F. & D. No. 22380. I. S.?
Nos. 19826-x, 19827-x, 19828-x.     S. No. 446.)
On January 19, 1928, 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 praying seizure and?
?condemnation of 839 cases .of canned corn, remaining in the original packages?
.at Covington, Ky., consigned October 19, 1927, alleging that the article had?
been shipped by Carroon & Co., Fowler, Ind., and transported from the State?
-of Indiana into the State of Kentucky, and charging adulteration and misbrand??
ing in violation of the food and drugs act. The article was labeled, in part,?
variously: "Recall Country Gentleman Sugar Corn, * * * Carroon and?
?Company, Fowler, Ind.;" " Idyl Brand Country Gentleman Corn * * *?
Covington, Ky.; " or " Carroon's Fancy Country Gentleman Sugar Corn, Extra?
-Selected,    *    *    *    Packed.by Carroon & Company, Inc., Fowler, Ind."
It was alleged in the libel that the article was adulterated in that a substance,?
-to wit, field corn, had been substituted in part for the article, and had been
354	
POOD AND  DRUGS ACT	
[N-JjF.D.
mixed and packed therewith, so as to reduce, lower, and injuriously affect its?
quality and strength.
Misbranding was alleged for the reason that the statements, " Country Gentle??
man Sugar Corn," and "Country Gentleman Corn," borne on the respective?
labels, were false and misleading and deceived and misled the purchaser.
On February 1, 1928, Carroon & Co., Fowler, Ind., claimant, having admitted?
the allegations of the libel and having consented to the entry.of a decree, judg??
ment 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 $3,500, con??
ditioned in part that it be relabeled under the supervision of this department,?
as follows, " Sugar Corn and Field Corn," the words " Recall Country Gentle??
man Sugar Corn," "Idyl Brand Country Gentleman Sugar Corn," and "Fancy?
Country Gentleman Sugar Corn, Extra Selected," not to appear on the labels?
of the said article as relabeled.?
W. M. JABDINE, Secretary of Agriculture.