3325. Misbranding of canned corn. U. S. v. 37 Cases of Shoe Peg Corn. Consent 
decree ordering the product released under bond to be relabeled.    (F. B. C.
No. 7150.   Sample No. 87948-B.)
On April 7, 1942, the United States attorney for the Southern District of 
West Virginia filed a libel against 37 cases, each containing 24 No. 2 cans, of 
corn at Charleston, W. Va., alleging that the article had been shipped in interstate 
commerce on or about January 23, 1942, by the H. J. Moran Co. from Balti- 
more, Md.", and charging that it was misbranded. It was labeled in part: (Cans) 
"Marathon Fancy Shoe Peg Corn Champion Brand."
The article was alleged to be misbranded in that the term "Fancy" was 
false and misleading as applied to an article that was not of Fancy quality 
because the kernels were too mature.
On April 23, 1942, Elk Grocery Co., Charleston, W. Va., claimant having ad- 
mitted the allegations of the libel, judgment was entered ordering that the product 
be released under bond to be relabeled under the supervision of the Food and 
Drug Administration.