15607.?Misbranding and alleged adulteration of canned corn.    TJ. S. v. 292
Cases   and   39   Cases   of   Canned   Corn.     Consent   decree   of   con??
demnation  and  forfeiture.    Product  released under  bond.     (F.  &
D. Nos. 22325, 22340.    I. S. Nos. 19732-x and 23602-x.    S. Nos. 372, 388.)
On December 27 and December 31, 1927, the United States attorney for the?
Northern District of Illinois, acting upon reports by the Secretary of Agricul??
ture, filed in the District Court of the Uniled States for said district libels pray??
ing seizure and condemnation of 331 cases of canned corn, remaining in the?
original unbroken packages at Chicago, 111., alleging that the article had been?
shipped by Carroon & Co., from Fowler, Ind., in two consignments, October 6,?
and October 14, 1927, respectively, and had been transported from the State?
of Indiana into the State of Illinois, and charging adulteration and misbranding?
in violation of the food and drugs act. The article was labeled in part: (Cans)?
"Carroon's Fancy (or "Jolly Pals Brand") Country Gentleman Sugar Corn?
*    *    *    Packed by Carroon & Co. Inc. Fowler, Ind."
It was alleged in the libels that the article was adulterated, in that a product,?
field corn, had been mixed and packed therewith, and had been substituted wholly?
or in part for the said article.
Misbranding was- alleged for the reason that the statement, " Country Gentle??
man Sugar Corn," borne on the labels, was false and misleading and deceived
342	
FOOD  AND  DRUGS  ACT	
[N. J., F. D.
and misled the purchaser. Misbranding was alleged for the further reason that?
the article was offered for sale under the distinctive name of another article,?
that is, sugar corn, whereas it was composed in whole or in part of field corn.?
On January 31, 1928, the cases having been consolidated into one cause of?
action and Carroon & Co., Inc., Fowler, Ind., claimant, having admitted the?
allegations of the libel and consented to the entry of a decree, judgment of the?
court was entered finding the product misbranded and ordering its condemna??
tion and forfeiture, and it was further ordered by the court that the product be?
released to the said claimant upon payment of the costs of the proceedings and?
the execution of a bond in the sum of $1,000, conditioned in part that it be?
relabeled in part, " Sugar Corn and Field Corn."
W. M. JARDINE, Secretary of Agriculture.