14057. Adulteration and misbranding of canned asparagus.   U. S. v. 81 Cases
*   *   *.   (F. D. C. No. 24892.   Sample No. 267-K.) 
LIBEL FILED:   June 18, 1948, Northern District of Georgia.
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ALLEGED SHIPMENT: On or about* April 27, 1948, by Walter P. Rawl, from 
Gilbert, S. C.
PRODUCT: 81 eases, each containing 24 1-pound, 3-ounce cans, of asparagus at 
Atlanta, Ga. The product consisted of small asparagus spears, packed in an 
excessive amount of water.   Some of the cans contained decomposed asparagus.
LABEL IN PART:    "Carolina Green Asparagus Fancy Medium Spears." 
NATURE OF CHARGE:    Adulteration, Section 402 (a)   (3), the article consisted 
in whole or in part of a decomposed substance; and, Section 402 (b)   (2), 
water had been substituted in whole or in part for asparagus spears.
Misbranding, Section 403 (a), the label designation "Fancy Medium" was 
false and misleading as applied to an article consisting of small asparagus 
spears with shattered heads. 
DISPOSITION: August 26, 1948. Arthur Mims, Atlanta, Ga., Claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond for the purpose of segre- 
gating and destroying the unfit portion and bringing the remainder into 
compliance with the law, under the supervision of the Food and Drug Ad- 
ministration. In accordance with this decree, V5/^ cases of the product 
were destroyed as unfit and the remainder of the product was relabeled to 
include a declaration of slack fill.