28593. Misbranding of canned tomatoes.    U. S. v. 638 Cases of Tomatoes.    De- 
cree of condemnation.    Product released under bond to be relabeled.
(F. & D. No. 41255.    Sample No. 2667-C.)
This product was substandard because it was not normally colored and 
was not labeled to indicate that it was substandard.
On December 23, 1937, the United States attorney for the Northern District 
of Alabama, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 638 cases of 
tomatoes at Bessemer, Ala., alleging that the article had been shipped in 
interstate commerce on or about September 25, 1937, by Lewis Canning Co. 
from Tazewell, Tenn., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Blue Bird Brand Hand Packed 
Tomatoes   *    *   *   Packed by J. S. Chittum, New Tazewell, Tenn."
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 in that the tomatoes were not normally colored, and its package or 
label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary indicating that it fell below such standard.
On March 21, 1938, J. S. Chittum, claimant, having admitted the material 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond conditioned that it be relabeled under the 
supervision of this Department.
W. R. GBEGG, Acting Secretary of Agriculture.