12174. Misbranding of canned tomatoes.    TJ. S. v. 950 Cases    *    *    *.    (F. D. C.
No. 22142.    Sample No. 53918-H.)
LIBEL FILED :   January 7,1947, Northern District of Ohio.
ALLEGED SHIPMENT : On or about October 18, 1946, by the Blue Cross Products 
Co., from Little Rock, Ark.
PRODUCT: 950 cases, each containing 24 1-pound, 3-ounee cans, of tomatoes at 
Cleveland, Ohio.
LABEL, IN PART: (Cans) "Smith's Beauty Hand Packed Tomatoes * * * 
Distributed by Smith Canning Company   Fayetteville, Ark."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the quality of the article 
fell below the standard by reason of its low drained weight.
DISPOSITION : February 6, 1947. The Blue Cross Products Co., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under-bond, conditioned that it be re- 
labeled under the supervision of the Food and Drug Administration.