I. S. No.25105-a.
F. & D. No. 904.	
Issued August 8, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 471, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF CANNED CORN.
On or about June 10, 1909, Louis Rosen and M. J. Flarsheim, doing?
business under the firm name of Rosen & Flarsheim, St. Louis, Mo.,?
shipped from the State of Missouri to the State of Illinois a consign??
ment of a food product labeled ''Spring Garden Brand Sugar Corn,?
packed by the Spring Garden Canning Factory, Spring Garden, Iowa."?
Samples from this shipment were procured and analyzed by the?
Bureau of Chemistry, United States Department of Agriculture, and?
as the findings of the analyst and report made indicated that the?
product was adulterated and misbranded within the meaning of the?
Food and Drugs Act of June 30, 1906, the Secretary of Agriculture?
afforded said Rosen & Flarsheim, and the dealer from whom the?
samples were purchased, opportunities for hearings. As-it appeared?
after hearings held that said shipment was made in violation of the?
act, the Secretary of Agriculture reported the facts to the Attorney-?
General, with a statement of the evidence upon which to base a?
prosecution.
In due course a criminal information was filed in the District Court?
of the United States for the Eastern District of Missouri, charging the?
above shipment and alleging that the product was adulterated in that?
it consisted in part of a filthy, decomposed, and putrid animal sub??
stance, and further alleging the product to be misbranded in that the?
label above set forth represented the product to have been packed by?
the Spring Garden Canning Factory, at Spring Garden, Iowa, when as?
a matter of fact it was not packed by said factory nor at said place.?
The defendants entered a plea of not guilty to the count of the infor??
mation charging adulteration, and a plea of guilty to the count charg??
ing misbranding.
On May 16, 1910, the case was called for trial before a jury and, by?
direction of the court, a verdict of not guilty on the adulteration?
52100??No. 471?10
charge was returned.    The court imposed a fine of $200 and costs of?
prosecution on the misbranding charge.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.?
WASHINGTON, D. C, June 25, 1910.
471