25860. Adulteration and misbranding of canned corn.    U. S. v. 838 Cases and
18  Cans  of Canned Corn.     Default decree  of condemnation.     Product 
released under bond.     (F.  & D. no. 34342.    Sample no.  14286-B.)
This case involved a shipment of canned corn that contained worms of the 
corn borer type.
On November 23,1934, the United States attorney for the District of Vermont, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 838 cases and 18 cans of 
canned corn at Essex Junction, Vt., alleging that the article had been shipped 
by H. C. Baxter & Bro., from Essex Junction, Vt., on or about August 8, 1934,
to Boston, Mass., that it had been returned to the shipper from Boston, Mass., 
on or about November 5, 1934, and that it was adulterated and misbranded in 
violation of the Food and Drugs Act. The article was labeled in part: "Baxter's 
Finest Golden Bantam Corn * * * packed in the U. S. A. by H. C. Baxter 
& Bro. Offices Brunswick, Maine."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy vegetable substance.
Misbranding was alleged for the reason that the statement on the label, 
"Baxter's Finest Fancy Golden Bantam Corn", was false and misleading and 
deceived and misled the purchaser.
On July 20, 1935, H. C. Baxter & Bro., claimant, having admitted the allega- 
tions of the libel, judgment of condemnation was entered and it was ordered 
that the product be released under bond conditioned that the portion containing 
worms be segregated and destroyed.
W. R. GEBGG, Acting Secretary of Agriculture.