5740. Misbranding of canned tomatoes.    TJ. S. v. 43 Cases of Canned Tomatoes.
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.    (F. D. C. No. 10740.   Sample No. 36154-F.)
This product fell below the standard of quality for canned tomatoes because 
the drained weight was less than 50 percent of the weight of the water required 
to fill the container.
On September 15, 1943, the United States attorney for the District of Idaho 
filed a libel against 43 cases of canned tomatoes at Pocatello, Idaho, alleging, 
that the article had been shipped in interstate commerce on or about May 19, 
1943, by the California Packing Corporation from Ogden, Utah; and charging 
that it was misbranded.   It was labeled in part: (Cans) "Mission Tomatoes."
The article was alleged to be misbranded in that it purported to be and was 
represented as a food for which a standard of quality has been prescribed by 
regulations promulgated pursuant to law, but its quality fell below such stand- 
ard, and its label failed to bear, in such manner and form as the regulations 
specify, a statement that it fell below the standard.
On October 18, 1943, the California Packing Corporation, claimant, having 
consented to the entry of the decree, judgment.of condemnation was entered 
and the product was ordered released under bond to be relabeled under the 
supervision of ah officer designated by the Federal Security Administrator.