7841. Misbranding of canned tomatoes.    U. S. v. 700 Cases of Canned Tomatoes.
Decree of condemnation.    Product ordered released under bond for re- 
labeling.     (F. D. C. No. 14600.    Sample No. 89873-F.)
LIBEL FILED:   November 29, 1944, Northern District of Mississippi.
ALLEGED SHIPMENT: On or about September 26, 1944, by the Ripley Canning 
Co., from Ripley, Tenn.
PRODUCT: 700 cases, each containing 24 cans, of tomatoes at Clarksdale, Miss. 
The product was substandard in quality and was short-weight.
LABEL IN PART:    (Can) "Forked Deer Brand Hand Packed Tomatoes."
VIOLATTONSI CHARGED: Misbranding, Section 403 (h) (1), the quality of the 
product fell below the standard for canned tomatoes because of the presence 
of excessive peel and an excessive proportion of liquid and small pieces; Section 
403 (h) (2), it fell below the standard of fill of container since it was filled 
to less than 90 percent of the total capacity of the container; and its label failed 
to bear, in such manner and form as the regulations specify, a statement that 
it fell below the standard; and, Section 403 (e) (2), it was a food in package 
form and it failed to bear a label containing an accurate statement of the 
quantity of the contents since the label statement, "Contents 1 Lb. 3 Ozs.," was 
inaccurate.
DISPOSITION : January 22,1945. The Ripley Canning Co., Ripley, Tenn., having 
appeared as claimant, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of 
the Food and Drug Administration.