25245. Misbranding of canned tomatoes.     IT. S. v. 1,460 Cases of Canned Toma¬
toes. Consent decree of condemnation. Product released under bond 
for relabeling,     (F. & D. no. 35834.    Sample no. 39590-B.)
This case involved a shipment of canned tomatoes which were substandard 
and were not labeled to indicate that fact.
On July 31, 1935, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 1,460 cases of canned 
tomatoes at Kansas City, Mo., alleging that the article had been shipped in 
interstate commerce on or about July 4, 1935, by the Columbus Foods Corpora- 
tion, from Mullen, Tex,, and charging violation of the Food and Drugs Act 
as amended.
The article .was labeled in part: "Blue Bonnet Brand Tomatoes * * * 
Packed at Mullens, Texas * * * by Columbus Foods Corporation General 
Office Columbus, Wis."
The article was alleged to be misbranded in that it was canned food and fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture since it did not consist of whole pieces, it was not normally colored 
and was not peeled, and its package or label did not bear a plain and con- 
spicuous statement prescribed by regulations of this Department indicating 
that it fell below such standard.
On December 7, 1935, the Columbus Foods Corporation, claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and it was ordered that the 
product be released under bond conditioned that it be relabeled under the 
supervision of this Department.
W. R. GREGG, Acting Secretary of Agriculture.