2462. Misbranding of canned tomatoes.    IT. S. y. 299 Cases of Canned Tomatoes.
Consent decree of condemnation.   Product ordered released under bond 
to be relabeled.    (F. D. C. No. 5406.    Sample No. 375S3-E.)
This product fell below the standard of quality for canned tomatoes, since it 
failed to pass the test for strength and redness of color, and it exceeded the 
maximum allowance for peel (1 square inch per pound of tomatoes).
On or about August 27, 1941, the United States attorney for the Eastern Dis- 
trict of South Carolina filed a libel against 299 cases, each containing 24 No. 2 
cans, of tomatoes at Sumter, S. C, alleging that the article had been shipped 
by the Rowland Canning Co. from Rowland, N. C., on or about August 5|, 1941; 
and charging that it was misbranded. It was labeled in part: "Pride of Rowland 
Brand Tomatoes."
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 October 11, 1941, the Rowland Canning Co., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond conditioned that it be relabeled under 
the supervision of the Food and Drug Administration.