13329. Misbranding of canned tomatoes.   V. S. v. 1,158 Cases    *    *    *.    (F. D. C.
No. 23696.   Sample No. 86896-H.)
LIBEL FILED :   September 16, 1947, District of Minnesota.
ALLEGED SHIPMENT: On or about July 29, 1947, by the Athens Canning Co., 
from Athens, Tex.
PRODUCT:   1,158 cases, each containing 24 cans, of tomatoes at St. Paul, Minn.
LABEL IN PART: "Homefolk Brand Hand Packed Tomatoes Contents 1 Lb. 
3 Oz."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality prescribed for canned tomatoes, because the strength 
and redness of color did not conform to the regulations and there was tomato 
peel in excess of the amount permitted by the regulations, and the label 
failed to bear, as specified by the regulations, a statement that the article 
fell below the standard of quality.
DISPOSITION : June 11, 1948. The Athens Canning Co., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered and 
the product was ordered released under bond for relabeling, under the super- 
vision of the Federal Security Agency.