5369. Misbranding of canned corn.    U. S. v. 79 Cases of Canned Corn.   Decree of
' condemnation.     Product   ordered  released  under  bond  for  relabeling.
(F. D;C. NO. 10080.   Sample No; 29097-F.)
On June l4i 1942, the United States attorney for the Northern District of 
Georgia filed a libel against 79 cases of canned corn at Atlanta, Ga., alleging 
that the article had been shipped in interstate commerce on or about November 
10, 1942,'by the-Tom Corwin Canning Co. from Lebanon,- Oho;/and charging that
it was misbranded. The article was labeled in part: "Rich-Pak Brand . ^ * * 
Sweetened Yellow Variety Field Corn   Cream Style."
The article was alleged to be misbranded in that it purported to be and was 
represented as a food for which a definition and standard of identity had been 
prescribed by regulations promulgated pursuant to law; but it failed to conform 
to such definition and standard since it was not prepared from succulent ears of 
field corn from which the seed was cut and scraped ¦§$ required by the definition 
and standard of identity. 
On June 28, 1943, Rich & Morgan, Atlanta, Ga., having appeared as claimants 
and having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under! bond for relabeling under 
the supervision of the Food and Drug Administration;