26027. Misbranding of canned corn.     TJ. S. v. 10 Cases and 400 Cases of Canned
Corn. Consent decrees of condemnation. Product released under 
bond for relabellngr. (F. & D. nos. 37383, 37582. Sample nos. 52799-B, 
52949-B.)
These cases involved shipments of products sold as Country Gentleman corn 
of high quality. Examination showed that one lot was Country Gentleman 
corn of standard quality and that the other lot was corn of a broad-kernel 
variety of low quality.
On March 26 and April 11, 1936, the United States attorney for the Southern 
District of Illinois, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 410 cases of 
canned corn at Quincy, Ill., alleging that the article had been shipped in inter- 
state commerce, in part on or about January 20, 1936, and in part on or about
March 5, 1936, by Otto Billman & Co., Inc., from Morristown, Ind., and charg- 
ing misbranding in violation of the Food and Drugs Act The article was 
labeled in part: "Ski-High Brand Country Gentleman Little Kernel Sugar 
Corn * * * High in Name and Quality * * * Packed by Otto Billman 
& Co., Inc., Morristown, Ind."
Adulteration was alleged with respect to one lot in that the statement on the 
label, "High in Quality", was false and misleading and tended to deceive and 
mislead the purchaser, since the product was not high in quality but was of 
standard quality. Adulteration was alleged with respect to the remaining lot 
in that the statements on the label, "Country Gentleman Little Kernel Sugar 
Corn * * * High in Quality", were false and misleading and tended to 
deceive and mislead the purchaser since the product was not Country Gentleman 
corn but was canned corn of one of the broad-kernel varieties and was of low 
quality. Misbranding of the latter lot was alleged for the further reason that 
it was offered for sale under the distinctive name of another article.
On May 5 and May 22, 1936, George Kiefer, Quincy, Ill., having appeared 
as claimant and having consented to the entry of decrees, judgments of condem- 
nation were entered and it was ordered that the product be released under bond 
conditioned that it be relabeled.
W. R. GEEGG, Acting Secretary of Agriculture.