29230. Misbranding of canned corn.    U. S. v. 42 Cases of Corn.    Default decree
of destruction.     (F. & D. No. 42895.    Sample No. 22326-D.)
This product was field corn but was not labeled to indicate that fact. 
On June 8, 1938, the United States Attorney for the Northern District of Illi- 
nois, acting upon a report by the Secretary of Agriculture, filed in the district
court a libel praying seizure and condemnation of 42 cases of canned corn at 
Chicago, Ill.; alleging that the article had been shipped in interstate commerce 
on or about October 12, 1937, by Columbus Foods Corporation from Evansville, 
Wis.; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Garden Brand Golden Wisconsin Corn * * * 
Packed by Garden Canning Company   Evansville, Wis."
The article was alleged to be misbranded in that the statement "Corn," unquali- 
fied, was false and misleading and tended to deceive and mislead the purchaser 
when applied to field corn and not sweet corn, which it purported to be.
On July 11, 1938, no claimant having appeared, the court ordered the product 
destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.