8430. Misbranding of canned asparagus cuts and canned asparagus spears.   U. S.
v. 198 Cases and 99 Cases of Asparagus Cuts and 56 Cases of Asparagus 
Spears. Portions of products ordered released under bond; remainder 
ordered forfeited and delivered to charitable institutions. (F. D. C. Nos. 
18763, 13939, 15014. Sample Nos. 73431-F, 73450-F, 74549-F, 74550-F, 
27201-H, 27202-H.)
LIBELS FILED : Between October 2, 1944, and January 24,1945, Eastern District 
of Washington, Southern District of Indiana, and District of South Dakota.
ALLEGED SHIPMENT : Between the approximate dates of September 18, 1943, and 
September 15, 1944, by the Hunt Brothers Packing Co., Hay ward, Calif.
PRODUCT: 198 cases at Indianapolis, Ind., and 90 cases at Sioux Falls, S. Dak., 
each case containing 24 1-pound, 3-ounee cans of asparagus cuts; and 56 
cases, each containing 24 1-pound, 3-ounce cans, of asparagus spears at 
Spokane, Wash. Examination showed that the asparagus cuts were not fancy 
because they were, in large part, tough, with pronounced fibrous development; 
and that the spears were not fancy quality because they contained excessive 
fibrous material.
LABEL, IN PART: "Val Vita Brand Fancy California Asparagus Cuts Tips Re- 
moved," or "Hunts Supreme Quality Fancy Small [or "Blended"'] California 
Green Tipped and White Asparagus Spears."
VIOLATION CHARGED: Misbranding, Section 403 (a), the label statements, "Fancy 
California Asparagus Cuts Tips Removed," "Fancy Small California Green 
Tipped and White Asparagus Spears," and "Blended California Green Tipped 
and White Asparagus Spears," were false and misleading as applied to the 
articles.
DISPOSITION: The Hunt Brothers Packing Co. appeared as claimant for the 
Spokane and Sioux Falls lots. No claim was presented for the Indianapolis 
lot. On November 6 and 28,1944, and March 22,1945, judgments were entered 
in the respective cases as follows: The Spokane lot was ordered released under 
bond for relabeling; the Sioux Falls lot was condemned, and likewise ordered 
released under bond; and the Indianapolis lot was ordered forfeited and 
destroyed. On November 30, 1944, an amended decree was entered ordering 
the Indianapolis lot delivered to charitable institutions.