2011. Misbranding of canned tomatoes.-   U. S. v. 87 Cases of Canned Tomatoes.
Default decree of condemnation. Product ordered delivered to a chari- 
table institution.     (F. D. C. No. 4735.    Sample No. 59000-E.)
Examination showed that this product was substandard because the peel, per 
pound of canned tomatoes in the container, covered an area of more than 1 
square inch.
- On May 9, 1941, the United States attorney for the Eastern District of Wis- 
consin filed a libel against 87 cases, each containing 24 cans, of tomatoes at 
Appleton, Wis., alleging that the article had been shipped on or about August 
13, 1940, by National Retail Owned Grocers (National Retailer-Owned Grocers, 
Inc.) from Princess Anne, Md.; and charging that it was misbranded. It was 
labeled in part: "Smith Brand Tomatoes Contents 1 Lb 3 Ozs. Packed by E. 
Mace Smith   Princess Anne Md."
The article was alleged to be misbranded in that it purported to be a food for 
which a standard of quality had been prescribed by regulations as provided by 
law, but its quality fell below such standard, and its label failed to bear, in such 
manner and form as the regulations specify, a statement that it fell below such 
standard.
On June 30, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.