30187. Adulteration and misbranding of ground ear corn.    U.  S. v. J. T. Gib¬
bons, Inc. Plea of nolo contendere. Fine, $100. (F. & D. No. 42531. 
Sample No. 10161-D.)
This product was represented to be ground ear corn, but consisted in part of 
other substances, namely, rice byproducts, sugarcane, bagasse, and ground cal- 
cium carbonate.
On July 20, 1938, the United States attorney for the Eastern District of Loui- 
siana, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against J. T. Gibbons, Inc., New Orleans, La., alleging 
shipment by said corporation in violation of the Food and Drugs Act, in part on 
or about February 5, and in part on or about February 12, 1938, from the 
State of Louisiana into the State of Florida, of quantities of ground ear corn 
which was adulterated and misbranded. The article was labeled in part: 
"Sunrise Ground Ear Corn."
It was alleged to be adulterated in that rice byproducts, sugarcane, bagasse, 
and ground calcium carbonate had been substituted in part for ground ear corn, 
which it purported to be.
It was alleged to be misbranded in that the statements "Ground Ear Corn" 
and "Made from the Entire Ear of Corn in its Natural State," borne on the 
label, were false and misleading and tended to deceive and mislead the pur- 
chaser since the article did not consist solely of ground ear corn, but consisted 
in part of other substances.
On February 6, 1939, a plea of nolo contendere was entered on behalf of the 
defendant and the court imposed a fine of $100.
HABEY L. BROWN, Acting Secretary of Agriculture.