28797. Misbranding of canned tomatoes.    U. S. v. 445 Cases of Canned Toma¬
toes.    Consent decree ordering product released under bond for relabel- 
ing.    (F. & D. No. 41668.   Sample No. 11401-D.)
This product consisted of tomatoes with puree from trimmings but was not 
labeled to indicate that fact.
On February 9, 1938, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 445 cases of canned 
tomatoes at St. Louis, Mo., alleging that the article had been shipped in inter- 
state commerce on or about September 21, 1937, from Marysville, Ind., by 
Marysville Packing Co., and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Cooke's Own Brand * * * 
Tomatoes   *    *    *   Packed by Marysville Packing Co., Marysville, Indiana."
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 Agriculture, 
since it consisted of tomatoes with puree from trimmings, 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 March 28, 1938, Frank Cooke, trading as Marysville Packing Co., claimant, 
having admitted the allegations of the libel, the product was ordered released 
under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.