21923. Adulteration   and misbranding of   canned   tomatoes.     IT.   S.   v.   396
Cases of Canned Tomatoes.     Default decree of condemnation and 
destruction.     (F. & D. no. 31696.    Sample no. 63650-A.)
This case involved a shipment of canned tomatoes that were found to contain 
maggots. Examination also showed that the article was not Fancy Selected 
.stock as labeled.
On December 8, 1933, the United States attorney for the Eastern District of 
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 396 cases of canned 
tomatoes at Muskogee, Okla., alleging that the article had been shipped in 
interstate commerce in various shipments on or about September 24, October 2, 
and October 5, 1933, by the Cincinnati Canning Co., from Cincinnati, Ark., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Cans) "Nature's Best Tomatoes. Fancy 
Selected Stock."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in part of a filthy vegetable substance.
Misbranding of the article was alleged for the reason that the statement, 
" Fancy Selected Stock Packed for Finest Trade", was false and misleading 
and deceived and misled the purchaser.
On January 10,1934, no claimant having appeared for the property, judgment 
of condemnation 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.