28101. Misbranding1 of canned tomatoes.    U. S. v. 344 Cases of Canned Tomatoes.
Decree of condemnation.    Product released under bond to be relabeled.
(F. & D. No. 41302.    Sample No. 3679J-C.)
This product was not normally colored and was not labeled to indicate that 
it was substandard.
On December 30, 1937, the United Stages attorney for the Eastern District 
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 344 cases of 
canned tomatoes at London, Ky., shipped on or about September 22 and 29, 
1937, alleging that the article had been shipped in interstate commerce by the 
Lewis Canning Co. from Ewing, Va. and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Ritchie's Favorite Brand Hand Packed Tomatoes * * * Packed by Barren 
Creek Canning Co., Tazewell Tenn. [or "Packed by A. B. Ritchie Canning Co. 
New Tazewell Tenn."]."
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, in that the tomatoes were not normally colored, and its package 
or label did not bear a plain and conspicuous statement prescribed by the 
Secretary of Agriculture indicating that it fell below such standard.
On February 15, 1938, Mark Lewis, Tazewell, Tenn., having appeared as 
claimant, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be relabeled under the supervision of 
this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.