14255. Adulteration   and misbranding of   canned   tomatoes.    U.   S.   v.  4
Cases   *   *   *.    (T. D. C. No. 26022.   Sample No. 21670-K.)
LIBEL FILED :   November 8, 1948. Western District of Oklahoma; amended lit 
filed November 24,1948.
ALLEGED SHIPMENT:   On or about August 10, 1948, by Food Products, Inc., fro 
Rusk, Tex.
PRODUCT:   441 cases, each containing 6   6-pounds, 6-ounce cans, of tomatoes . 
Norman, Okla.
LABEL IN PART :   "Rusk Brand Tomatoes."
NATURE OF CHARGE:   Adulteration, Section 402 (a) (3), the product consisted 
whole or in part of a decomposed substance by reason of the presence of decoi 
posed tomato material.
Misbranding, Section 403 (h) (1), the product fell below the standard • 
quality for canned tomatoes because of the low drained weight, as determine 
by the sieve test set forth in the standard, and its label failed to bear the stat 
meat that the product fell below such standard.
DISPOSITION :   December 29.1948.   Default decree of condemnation and destru 
tion.