5947. Misbranding of canned tomatoes.   U. S. v. 556 Cases of Tomatoes.   Decree
of condemnation. Product ordered released under bond to be brought 
into compliance with the law.    (F. D. C. No. 10970.    Sample No. 41504-F.)
LIBEL FILED:   On or about October 21, 1943, Western District of Louisiana.
ALLEGED SHIPMENT:  On or about June 6, 1943, by the Knapp-Sherrill Co. (suc- 
cessor to the Kessler & Bagnetto Canning Co.), Donna, Tex. 
PRODUCT:   556 cases of tomatoes at Lake Charles, La.
LABEL IN PART: "K and B Brand Tomatoes Packed By Kessler & Bagnetto 
Canning Co."
VIOLATIONS CHARGED: Misbranding, Section 403 (h) (1), the product was sub- 
standard in quality because the strength and redness of the color of the to- 
matoes failed to meet the requirements for color prescribed in the standard.
DISPOSITION :   December 15, 1943.   Default decree of condemnation and destruc- / 
tion entered.    On January 7, 1944, the Knapp-Sherrill Co. having entered an \ 
appearance and filed a motion to set aside the judgment, an amended decree 
was entered, in part setting aside the decree of December 15, 1943, and allow-
iiig the claimant to take the product down under bond to be brought into com- 
pliance with the law under the supervision of a representative of the Fed- 
eral Security Administrator.