28862. Misbranding of canned tomatoes.    TJ. S. v. 390 Cases of Canned Tomatoes.
Consent   decree  of   condemnation.     Product  released  under  bond  for 
relabeling:.    (F. & D. No. 41298.   Sample No. 66440-C.)
This product fell below the standard established by this Department because- 
it was not normally colored and it bore an excessive amount of peeling, and it 
was not labeled to indicate that it was substandard.
On January 3, 1938, the United States attorney for the Northern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 390 cases of canned 
tomatoes at Clarksburg, W. Va., alleging that the article had been shipped in 
interstate commerce on or about August 16,1937, from Tucker Hill, Va., by W. H. 
Sanford, Tucker Hill, Va., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Southern Leader Brand Toma- 
toes   *   *   *   Packed by W. H. Sanford, Tucker Hill, Va."
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 Agricul- 
ture, because it was not normally colored and the fruit was not peeled since the 
average amount of peel per pound of net content exceeded one square inch, and 
its package or label did not bear a plain and conspicuous statement prescribed 
by the Secretary of Agriculture indicating that such canned food fell below such 
standard.
On March 18, 1938, W. H. Sanford, claimant, having consented to the entry of 
a decree, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.