27170. Misbranding of canned tomatoes.     U. S. v. Fettig Canning Corporation.
Plea  of guilty.     Fine,  $25.     (F.   &  D.  no.  38673.     Sample nos.  5347-C, 
33901-C.)
This product fell below the standard established by this Department for 
canned tomatoes, both lots consisting of tomatoes with puree from trimmings, 
one lot being substandard in the further respect that it did not consist of whole 
or large pieces. Neither lot was labeled to indicate that the article was 
substandard.
On April 20, 1937, the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Fettig Canning Corporation, Elwood, 
Ind., alleging shipment by said company in violation of the Food and Drugs 
Act, on or about October 10 and October 17, 1936, from the State of Indiana 
into the States of Minnesota and Illinois of quantities of canned tomatoes 
that were misbranded. A portion of the article was labeled: "May-Flower 
Brand Tomatoes * * * Distributed by Marshall Canning Co. Marshalltown 
Iowa." The remainder was labeled: "Harvest Inn Brand Tomatoes Distrib- 
uted by Marshall Food Product Co., Marshalltown, Iowa."
It 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 Agri- 
culture and its package or label did not bear a plain and conspicuous statement
11142*—87 2
prescribed by the Secretary of Agriculture indicating that it fell below such 
standard.
On May 8, 1937, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.