28535. Misbranding of canned tomatoes.    IT. S. v. 157 Cases and 540 Cases of
Tomatoes.    Portion   of   product   condemned   and   destroyed;   one   lot 
ordered destroyed;   remainder released under   bond   to   be   relabeled.
(F. & D. Nos. 41175, 41176.    Sample Nos. 64574-C, 65018-C.)
This product fell below the standard established by this Department because 
it consisted of tomatoes with puree from trimmings, and it was not labeled to 
indicate that it was substandard.
On December 17,1937, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 157 cases of canned 
tomatoes at St. Louis, Mo., and 540 cases of canned tomatoes at Maiden, Mo., 
alleging that the article had been shipped in interstate commerce on or about 
July 13 and September 24, 1937. by the Dupont Canning Co., in part from 
Dupont, Ind., and in part from Kingston, Ind., and charging misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: (Cans) ( 
"Dupont Brand Tomatoes * * * Standard Quality Packed by Dupont Can-v 
ping Co. Dupont, Ind."
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, since it consisted of tomatoes with puree from trimmings, and the labels 
did not bear a plain and conspicuous statement prescribed by the Secretary 
indicating that it fell below such standard, namely, "Tomatoes with puree from 
trimmings."
On January 8, 1938, no claimant having appeared for the lot seized at St. 
Louis, judgment of condemnation was entered and it was ordered destroyed. 
On February 11, 1938, the Dupont Canning Co. having appeared as claimant 
for the lot seized at Maiden, Mo., and having admitted the allegations of the 
libel, judgment was entered finding the product misbranded and ordering that 
it be released under bond conditioned that it be relabeled so as to comply with 
the law. 
w R  GKEGG( Acting Secretary of Agriculture.