436. Adulteration of canned tomatoes.    TJ. S. v. 1,200 Cases of Canned Tomatoes
(and 1 other seizure action against the same product). Decrees of 
condemnation. Portion of product ordered destroyed; remainder per- 
mitted to be released under bond. (F. D. C. Nos. 989, 1048. Sample Nos. 
64205-D, 64206-D.)
This product was in part decomposed.
On November 15 and 21, 1939, the United States attorney for the District 
of Washington filed libels against 1,372 cases of canned tomatoes at Seattle, 
Wash., alleging that the article had been shipped in interstate commerce on 
or about October 13 and 16, 1939, by H. D. Olson from Ogden, Utah; and 
charging that it was adulterated in that it consisted in whole or in part of 
a decomposed or filthy substance. The article was labeled in part: (Cans) 
"Standby Solid Pack Tomatoes Grown and Packed in Utah"; or "Emporium 
Brand   *   *   *   Tomatoes Packed For National Grocery Co.    Seattle."
On November 80, 1939, Associated Canneries, Inc., having appeared as claim- 
ant through H. D. Olson, its vice president, in the case involving 1,200 cases 
of the product and said claimant having consented to the entry of a decree, 
judgment of condemnation was entered—the decree, however, containing a 
provision that the product might be released to the claimant under bond, 
conditioned that it should not be disposed of in violation of the law. On 
December 14, 1939, no claim having been entered for the remaining lot, it 
was condemned and ordered destroyed.