21369. Adulteration  and  Misbranding of  canned  corn.     V.  S.  v.  25  Cases
of   Canned   Corn.      Default   decree   of   condemnation,   forfeiture, 
and destruction.     (F. & D. no. 30713.    Sample no. 36619-A.)
This case involved a shipment of canned corn which was labeled "Fancy
Grade", and which was found to consist of Standard grade, which is two
grades lower than Fancy.
On July 12, 1933, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in *the dis- 
trict court a libel praying seizure and condemnation of 25 cases of canned corn 
at Chicago, Ill., alleging that the article had been shipped in interstate com- 
merce on or about November 22, 1932, by the Lawrence Wholesale Co., from 
Bricelyn, Minn., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: " Leader Brand 
Fancy Crosby Corn   *    *    *   Packed by Bricelyn Canning Co. Bricelyn, Minn."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, namely, corn below the grade indicated on the label, had been sub- 
stituted in whole or in part for Fancy grade canned corn.
Misbranding was alleged for the reason that the statement on the label, 
" Fancy", was false and misleading and deceived and misled the purchaser.
On September 28, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
M. L. WILSON-, Acting Secretary of Agriculture.