4195. Misbranding of canned tomatoes.   V. S. v. 330 Cases of Canned Tomatoes.
Consent decree of condemnation.   Product ordered released under pond 
for relabeling.    (F. D. C No. 8066.    Sample Nos. 28402-F, 28405-F.)
On August 6, 1942, the United States attorney for the Northern District of 
Georgia filed a libel against 830 cases, each containing 48 cans, of tomatoes at 
Atlanta, Ga. alleging that the article had been shipped in interstate commerce 
on or about June 24, 1942, by Green Bros., from Miami, Fla. and charging that 
it was misbranded. The article was labeled in part: (Cans) "Ruskel Brand 
Tomatoes * * * Packed by Russell & Kelley Canning Co. Fort Lauderdale, 
Florida."
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, and its quality fell below such standard because the peel, per pound of 
canned tomatoes in the container, covered an area of more than 1 square inch, 
and its label failed to bear, in such manner and form as such regulations specify, 
a statement that it fell below such standard.
On September 1, 1942, Colonial Stores, Inc., Atlanta, Ga., claimants, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and the product was ordered 
released under bond for relabeling under the supervision of the Food and Drug 
Administration.
Nos. 4196 to 4201 report the disposition of legal actions involving tomato 
products that contained mold, indicating the presence of decomposed material.