2461. Adulteration and misbranding of canned tomatoes.    U. S. v. 175 Cases and
147   Cases   of   Canned   Tomatoes.      Consent   decree   of   condemnation. 
- Product ordered released under bond for segregation and destruction 
of unfit portion and relabeling of remainder.    (F. D. C. No. 5423.    Sample 
Nos. 37931-E, 37932-33.)
Examination showed that this product was in part decomposed. Also, the 
packing medium consisted of added strained tomatoes which were not declared 
on the label.
On August 21, 1941, the United States attorney for the Middle District of 
Georgia filed a libel against 322 cases, each containing 24 No. 2 cans, of 
tomatoes at Columbus, Ga., alleging that the article had been shipped by T. W. 
Holt from Jacksonville, Fla., on or about June 18,1941; and charging that it was 
adulterated and misbranded. It was labeled in part: "Shaver's Brand * * * 
Tomatoes    *    *    *    Packed by H. A. Shaver, Inc., Lakeland, Fla."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed substance.
It was alleged to be misbranded in that it purported to be a food for which 
a definition and standard of identity had been prescribed by regulations as 
provided by law, but its label failed to bear the common name of the optional 
ingredient, i. e., "Added Strained Tomatoes."
On September 22, 1941, H. A. Shaver, Inc., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be brought into compliance with the law 
under the supervision of the Food and Drug Administration. All swelled cans 
were destroyed and the normal cans were relabeled to include the statement 
"With Added Strained Tomatoes."