8454. Misbranding of canned tomatoes.    IT. S. v. 603 Cases of Canned Tomatoes
(and 2 other seizure actions against canned tomatoes). Consent decrees 
of condemnation. Product ordered released under bond. (F. D. C. Nos. 
14418, 14419, 14434. Sample Nos. 89847-F, 89849-F, 89856-F, 90123-F, 
90126-F.)
LIBELS FILED: Between November 17 and 24, 1944, Western District of Ten- 
nessee.
ALLEGED SHIPMENT: Between the approximate dates of September 6 and Octo- 
ber 6,1944, by the'Riverside Canning Co., from Hickman, Ky.
PRODUCT: Tomatoes (24 cans to the case) : 1,200 cases at Union City, Tenn.; 603 
cases at Martin, Tenn.; and 350 cases at Trenton, Tenn. Examination showed 
that the cans contained less than the declared weight; that they contained 
excessive liquid and small particles in proportion to the large pieces of 
tomatoes; and that they were not filled to the capacity required by the regu- 
lations.
LABEL IN PART: "Contents 1 lb. 3 ozs. Riverside Brand Hand packed To- 
matoes."
VIOLATIONS CHARGED: Misbranding, Section 403 (e) (2), the product failed to 
bear a label containing an accurate statement of the quantity of the contents; 
Section 403 (h) (1), it was substandard in quality because of low drained 
weight; and, Section 403 (h) (2), it fell below the standard of fill of container, 
since the cans were filled to less than 90 percent of the total capacity as deter- 
mined by the method specified in the regulations. The article was not labeled 
to show that it fell below the standard.
DISPOSITION : December 14, 1944. The Riverside Canning Co., claimant, having 
admitted the allegations of the libels, judgments of condemnation were entered 
and the product was ordered released under bond for relabeling, under the 
supervision of the Federal Security Agency.