3739a Adulteration and misbranding of* canned asparagus.    U. S. v. 72 Cases of 
Canned Asparagus.    Default decree of condemnation and destruction.
(F. D. C. No. 7513.    Sample No. 95049-E.)
Examination showed that this product consisted principally of the lower inedi- 
ble portions of the asparagus sprout.
On May 14,1942, the United States attorney for the Middle District of Alabama 
filed a libel against 72 cases, each containing 6 No. 10 cans, of asparagus at Mont- 
gomery, Ala., alleging that the article had been shipped in interstate commerce 
on or about April. 23, 1942, by National Brands Sales "Corporation for W. J. 
Withers, Inc., San Francisco, Calif., from Alameda, Calif.; and charging that it 
was adulterated and misbranded. It was labeled in part: "Packrite Brand 
Asparagus   *   *   *   Packed by Manteca Canning Co., Manteca, California,"
The article was alleged to be adulterated in that the lower inedible portions 
of the asparagus sprout had been substituted wholly or in part for edible 
asparagus.
It was alleged to be misbranded in that it purported to be a food for which a 
definition and standard of identity had been prescribed by regulations as provided 
by law, but it failed to conform to such definition and standard since it did not 
consist of the edible portions of sprouts of the asparagus plant.
On July 6, 1942, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.