23182. Adulteration and misbranding of canned asparagus cuts.     IT. S. v.
736 Cases  of Asparagus  Cuts.    Decree of condemnation and  for- 
feiture.    Product released under bond to be relabeled.     (F. & D.
no. 33279.    Sample noa. 5802-B, 5803-B,  5804-B.)
This case involved a product labeled to convey the impression that it con- 
sisted of cut asparagus, a term implying the presence of the entire edible por- 
tion of the stalk cut up. Examination showed that it contained no tips but 
consisted of butts and center pieces.
On August 18, 1934, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 736 cases of can- 
ned asparagus cuts at Philadelphia, Pa., alleging that the article had been 
shipped in interstate commerce, in various shipments or about June 8, June 15, 
and July 5, 1934, by John "V. Sharp Canning Co., from Williamstown, N. J.f 
and charging adulteration and misbranding in violation of the Food and 
Drugs Act The article was labeled in part: (Can) "Violet Brand Green 
Asparagus Cuts * * * Packed by John V. Sharp Canning Co., Williams- 
town, N. J."
The article was alleged to be adulterated in that butts and center pieces of 
asparagus had been substituted for cut asparagus stalks.
Misbranding was alleged for the reason that the statement on the label, "As- 
paragus Cuts ", was false and misleading and tended to deceive and mislead 
the purchaser, when applied to a product containing hard fibrous pieces or 
butts and no tips.
On October 24, 1934, Comly, Flanigen Co., Inc., Philadelphia, Pa., having ap- 
peared as claimant, judgment of condemnation and forfeiture was entered, and 
it was ordered that the product be released under bond conditioned that it be 
relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.