86181. Misbranding of canned tomatoes. U. S. v. 97 Cases and 362 Cases of Canned Tomatoes. Decrees of condemnation. Product released under bond to be relabeled. (F. & D. nos. 36130, 36184. Sample nos. 27449-B, 49001-B.) These cases involved canned tomatoes that fell below the standard established by this Department and that were not labeled to indicate that they were substandard. On August IB and August 21, 1936, the United States attorney for the District of Kansas, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 97 cases of canned tomatoes at Wichita, Kans., and 362 cases of canned tomatoes at Arkansas City, Kans., alleging that the article had been shipped in interstate commerce in part on or about January 28, 1935, by Tyrrell & earth from High- lands, Tex., and in part on or about June 24, 1935, by A. A. Laughlin from Los Fresnos, Tex., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Pan-Tree Brand Tomatoes, * * * Distributed by the Ranney Davis Mercantile Co. * * * Wichita, Kansas." 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 Sec- retary of Agriculture because it did not consist of whole or large pieces and a portion thereof was not normally colored, and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agri- culture indicating that it fell below such standard. On September 28, 1936, the Ranney-Davia Mercantile Co., Wichita, Kans., having appeared as claimant and having admitted the allegations of the libels, judgments of condemnation were entered and it was ordered that the product be released under bond conditioned that it be relabeled. HARRY I*. BROWN, Acting Secretary of Agriculture.