80687. Misbranding of canned corn.    17. S. v. Columbus Foods Corporation.   Plea
of nolo contendere.    Fine, $50.    (F. & D. No. 42596.    Sample No. 22326-D.)
This product was labeled to indicate that it was sweet or sugar corn; whereas 
it consisted of field corn.
On November 29, 1938, the United States attorney for the Western District 
of Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Columbus Foods Corporation, trading at 
Evansville, Wis., alleging shipment by said defendant in violation of the Food 
and Drugs Act, on or about October 12, 1937, from the State of Wisconsin into 
the State of Illinois, of a quantity of canned corn which was misbranded. 
The article was labeled in part: "Garden Brand * * * Packed by Garden 
Canning Company, Evansville, Wis."
The article was alleged to be misbranded in that the words "Garden Brand" 
and "Sweet Corn" and picture of an ear of corn on which the word "Golden" 
was printed, borne on the label, were false and misleading in that they im- 
plied that the article consisted of sweet or sugar corn; whereas it was field 
corn of a variety produced almost exclusively for animal feed; it was alleged 
to be misbranded further in that it was labeled so as to deceive and mislead 
the purchaser as to its variety and quality.
On February 10, 1939, a plea of nolo contendere was entered on behalf of the 
defendant and the court imposed a fine of $50.
HABBY L. BBOWIT, Acting Secretary of Agriculture.