3117. Misbranding of canned tomatoes.    TJ. S. v. 711 Cases of Canned Tomatoes.
Consent decree of condemnation.    Product ordered released under bond 
for relabeling;     (F; D. C. No. 6833.    Sample No. 64492-E.)
Examination showed that this product contained excessive peel.
On February 6, 1942, the United States attorney for the Western District of 
Pennsylvania filed a libel against 711 cases of canned tomatoes at Johnstown, Pa., 
alleging that the article had been shipped in interstate commerce on or about 
October 22,1941, by H. P. Tub & Co. from Kingston, Md.; and charging that it 
was misbranded. It was labeled in part: "King of the Field Brand Tomatoes 
Contents 1 Lb. 3 Oz." 
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 because peel per pound of canned 
tomatoes in the containers covered an area of more than 1 square inch, and its 
label failed to bear, in such manner and form as the regulations specify, a state- 
ment that it fell below such standard.
On March 24, 1942, H. P. Tull & 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.