3823. Misbranding of canned corn.    U. S. v. 173 Cases of Corn.    Consent decree 
of condemnation.   Product released to claimant for relabeling:.    (F. D. C.
No. 6699.   Sample No. 73085-E.)
Examination showed that this product was not of "Grade A" or "Fancy" 
quality, as labeled, because of overmaturity of the kernels.
On or about January 20, 1942, the United States attorney for the Western 
District of Missouri filed a libel against 173 cases, each containing 24 No. 2 cans, 
of corn at North Kansas City, Mb., alleging that the article had been shipped in 
interstate commerce on or about October 21 and November 4, 1941, by Keene- 
Belvidere Canning Cb. from Belvidere, Ill.; and charging that it was mis- 
branded. It was labeled in part: (Cans) "Kroger's Country Club Quality 
Brand Fancy Whole Kernel Yellow Corn Golden Bantam Hybrid Grade A 
* * * Distributed by The Kroger Grocery & Baking Co. * ' * * Cin- 
cinnati, Ohio - *. * * The corn in this can is from a lot that has been 
sampled and tested by accepted methods, and found to be Grade A quality."
The article was alleged to be misbranded in that the following label statements, 
"Fancy," "Grade A," and "The corn in this can is from a lot that has been sam- 
pled and tested by accepted methods, and found to be Grade A quality," were 
false and misleading as applied to an article that was not of Fancy or Grade 
A quality.
On March 14,1942, Kroger Grocery & Baking Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product
was released to the claimant for relabeling under the supervision of the Food and 
Drug Administration.