1983. Misbranding of canned corn. U. S. v. 87 Cases of Canned Corn. Consent 
decree of condemnation. Product ordered released under bond to be 
relabeled.     (F. D. C. No. 4428.    Sample Nos. 35711-E, 35712-B.)
On April 21, 1941, the United States attorney for the Eastern District of Louisi- 
ana filed a libel against 87 cases, each containing 24 No. 2 cans, of corn at New 
Orleans, La., alleging that the article had been shipped in interstate commerce 
by the Geneva Preserving Co. from Geneva, N. ¥., within the period from on or 
about September 21, 1940, to on or about February 4, 1941; and charging that it 
was misbranded. It was labeled in part: "Geneva * * * Whole Kernel 
Sweet [or "Cream Style Golden Bantam"] Corn  . *   *   *   Fancy Quality."
The whole kernel corn was alleged to be misbranded in that the statement 
"Fancy Quality" was false and misleading as applied to corn that was not Fancy 
because of the presence of hard, tough, mature kernels. It was alleged to be 
misbranded further in that its label failed to bear the name of the food specified 
in the definition and standard, viz, "White Sweet Corn," "White Corn," or 
"White Sugar Corn."
The cream style corn was alleged to be misbranded in that the statements 
"Golden Bantam Corn" and "Fancy Quality" were false and misleading as applied 
to corn that was not Golden Bantam, and that was not Fancy because of the 
presence of tough kernels.
On June 4, 1941, Gerde-Newman & Co., New Orleans, La., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered and 
the product was ordered released under bond conditioned that it be relabeled 
under the supervision of the Food and Drug Administration.