29089. Misbranding of canned tomatoes with puree from trimmings.     II. S. v.
995 Cases of Tomatoes  with  Puree  from Trimmings.     Consent decree 
of condemnation.    Product released under bond for relabeling.    (F. & D.
No. 42073.   Sample Nos. 2996-D, 11824-D)
This product fell below the standard established by this Department because 
it did not consist of whole or large pieces, and it was not labeled to indicate 
that it was substandard.
On March 28, 1938, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 995 cases of the 
above-named product at New York, N. Y.; alleging that the article had been 
shipped in interstate commerce on or about February 24, 1^38, from Stockton, 
Calif., by Parrott & Co.; and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: (Can) "Lodi Brand Tomatoes 
With Puree From Trimmings   Parrott & Co., San Francisco, California."
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 did not consist of whole or large pieces -and its package or 
label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary of Agriculture indicating that it fell below such standard.
On May 2, 1938, Parrott & Co., San Francisco, Calif., claimant, having ad- 
mitted the allegations of the libel and consented to the entry of a decree, judg- 
ment of condemnation was entered and the product was ordered released under 
bond with the condition that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.