1767. Adulteration and misbranding of canned asparagus.    U. S. v. 18 Cases of
Canned Asparagus. Default decree of condemnation. Product ordered 
delivered to a charitable institution. (F. D. C. No. 3584. Sample No. 
44020-B.)
This product was represented to consist of tips and cuts of asparagus but 
contained but a negligible amount of tips.
On October 26, 1940, the United States attorney for the District of Colorado 
filed a libel against 18 cases of canned asparagus which had been consigned 
by the Otoe Food Products Co., alleging that the article had been shipped in 
interstate commerce on or about April 23, 1940, from Nebraska City, Nebr.; 
and charging that it was adulterated and misbranded. It was labeled in part: 
(Cans) "Otoe Brand Contents 10 Oz. Avoir. * * * Tips & Cuts All Green 
Asparagus."
The article was alleged to be adulterated in that a product consisting of cut 
pieces of asparagus with a negligible amount of tips had been substituted 
wholly or in part for "Tips & Cuts," which it purported to be. It was alleged 
to be misbranded in that the picture of a dish of asparagus containing a con- 
siderable proportion of tips, and the statement "Tips & Cuts," on the label, 
were false and misleading as applied to an article consisting essentially of 
cut pieces of asparagus with a negligible amount of tips.
On January 3, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.