15748. Adulteration and misbranding of canned corn.    U. S. v. 230 Cases.
of Canned Corn. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 22324. I. S. No. 15837-X. 
S. No. 371.)
On December 23, 1927, the United States-attorney for the Southern District 
of Ohio, acting upon a report by tha Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 230 cases of canned corn, at Cincinnati, Ohio, consigned 
by Carroon & Co., Fowler, Ind., October 19, 1927, alleging that the article 
had been shipped in interstate commerce from Fowler, Ind., into the State 
of Ohio, and charging adulteration and misbranding in violation of the food' 
and drugs act. The article was labeled in part: "Our Aim Fancy Country 
Gentleman Sugar Corn, Fancy Quality. * * * Carroon & Co.. Fowler, 
Indiana."
Adulteration of the article was alleged in the libel for the i'eason that a 
product, canned field corn, had been mixed and packed with and substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the statements, "Sugar Corn," 
"Fancy Quality," and "Fancy Country Gentleman Sugar Corn," borne on the 
label, were false and misleading and deceived and misled the purchaser. 
Misbranding was alleged for the further reason that the article was offered 
for sale under the distinctive name of another article.
On March 14, 1928, Carroon & Co.. Fowler, Ind., claimant, having admitted 
the material allegations of the libel 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 $1,000, conditioned in part that it be relabeled under the supervision 
of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.