4426. Misbranding of canned tomatoes.    IT. S, v. 1,130 Cases of Canned Tomatoes.
. Decree . of   condemnation.    Product   ordered   released  under   bond   for
relabeling.    (F. D. C. No. 8850.    Sample No. 9540-F.)
This product was substandard because it did not meet the test for strength 
and' redness of color described in the regulations and because it contained peel 
in excess of the amount permitted therein.
On November 13, 1942, the United States attorney for the Eastern District of 
Louisiana filed a libel against 1,130 cases, each containing 24 cans, of tomatoes 
at New Orleans, La., alleging that the article had been shipped in interstate 
commerce on or about September 11 and 15,1942, by the Hazlehurst Canning Co. 
from Hazlehurst, Miss.; and charging that it was misbranded. The article was 
labeled in part: (Can) "Eagle Brand * * * Standard Tomatoes, Packed By 
A. Glorioso of New Orleans, La." 
'! It was alleged to be misbranded in that it purported to be and was represented 
as a food for which a standard of quality had been prescribed by regulations 
promulgated pursuant to law, but it fell below such standard and its label failed 
to bear, in the manner and form that the regulations specify, a statement that 
it fell below the standard.
On December 4, 1942, Kphlmann Bros. & Sugarman, Inc., New Orleans, La., 
claimant, having admitted the allegations of the libel, judgment of condemnation 
was entered and the product was ordered released under bond for relabeling 
under the supervision of the Food and Drug Administration.' ,