18901. Misbranding of canned asparagus.    U. S. v. 26 Cases of Canned As 
paragus. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. F. & D. No. 27031. I. S. No. 25825. S. No. 
5238.)
Examination of samples of a product represented to be asparagus tips hav- 
ing shown that the article consisted of center cuts of asparagus, with no tips 
present, the Secretary of Agriculture reported the matter to the United States 
attorney for the Southern District of Ohio.
On October 1, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying" seizure and con- 
demnation of 26 cases of canned asparagus at Cincinnati, Ohio, consigned by 
the Pratt-Low Preserving Co., Redwood City, Calif., April 9, 1931, alleging that 
the article had been shipped in interstate commerce from Redwood City, Calif., 
into the State of Ohio, and charging misbranding in violation of the food and 
drugs act. The article was labeled in part: (Case) " Honey Grove Asparagus 
* * * Packed for Cincinnati Who. Gro. Co., Cincinnati, Ohio;" (can) 
" Honey Grove Soup Cuts California Asparagus Tips." The cans further bore 
a design showing asparagus tips.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, "Asparagus Tips," was false and misleading when applied 
to center cut asparagus containing no tips; and in that the design of whole 
uncut spears of asparagus with tips deceived and misled purchasers when ap- 
plied to a product consisting of sections cut from the center of asparagus 
stalks.
On October 2, 1931, the Cincinnati Wholesale Grocery Co., Cincinnati, Ohio, 
claimant, having admitted the allegations of the libel and having consented 
to the entry of a decree, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the said 
claimant upon payment of costs and the execution of a bond in the sum of 
$200, conditioned in part that it should not be sold or otherwise disposed of 
contrary to law.
ABTHUB M. HYDE, Secretary of Agriculture.