12968. Misbranding of canned tomatoes.    U. S. v. 479 Cases    *    *    *.     (F. I). C.
No. 23671.    Sample No. 76713-H.)
LIBEL FILED :    September 4, 1947, Southern District of Alabama.
ALLEGED SHIPMENT : On or about June 28, 1947, by the Rio Hondo Canning Co., 
from Rio Hondo, Tex.
PRODUCT: 479 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at 
Mobile, Ala.
LABEL IN PART: "Cream of Texas Tomatoes * * * Packed by Rio-Tex 
Products Co.   Weslaco, Tex."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article fell below the 
standard of quality prescribed for canned tomatoes, since it failed to meet the 
requirements for strength and redness of color and since it contained excessive 
tomato peel, and its label failed to bear a statement that it fell below such 
standard.
DISPOSITION : October 10, 1947. O. L. Skaggs, trading as the Rio-Tex Products 
Co., claimant, having admitted the allegations of the libel, judgment of con- 
demnation was entered and the product was ordered released under bond for 
relabeling under the supervision of the Food and Drug Administration.