12170. Adulteration and misbranding of canned tomatoes.    IT. S. v. 1,254 Cases
* *    *.     (F. D. C. No. 22130.    Sample No. 40870-H.)
LIBEL FILED :   December 26, 1946, Eastern District of Missouri.
ALLEGED SHIPMENT :    On or about October 1 and 9,1946, by the Johnson & Steele
Canning Co., from Cairo, Ill. 
PRODUCT:   1,254 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes at
St. Louis, Mo. 
LABEL IN PART:   "Nancy Lee Brand   Tomatoes   Packed for'Steele Canning
Co.    Springdale, Ark."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a filthy substance by reason of the presence of fly eggs 
and maggots.
Misbranding, Section 403 (h)   (1), the article was substandard in quality 
by reason of its low drained weight.
DISPOSITION : February 25, 1947. The Johnson & Steele Canning Co., claimant, 
having consented to the entry of a decree, judgment of condemnation was 
entered and the product was ordered released under bond, conditioned that the 
good portion be separated from the bad and relabeled, under the supervision 
of the Federal Security Agency.