14646. Misbranding of canned tomatoes.   U. S. v. 473 Cases    *    *    *.   (F. D. C.
No. 23719.   Sample No. 49732-H.) 
LIBEL FILED:    September 29, 1947, Western District of Louisiana. 
ALLEGED SHIPMENT:    On or about June 21, 1947, by the Bennett-Ray Canning 
Co., from Pharr
, Tex.
BODUCT:  473 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
¦    at Lafayette, La.
, IN PART: "Trappey's Shield Label Tomatoes * * * Packed by B. F. 
Trappey's Sons   Inc., Lafayette, Louisiana."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "Packed 
by B. F. Trappey's Sons Inc." was false and misleading since the product 
was not packed by that firm; and, Section 403 (h) (1), the product fell below 
the standard of quality for canned tomatoes since it was below standard in 
color and contained excessive peel, and it failed to bear the substandard legend.
DISPOSITION : January 5,1948. The Bennett-Ray Canning Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond to be relabeled under the 
supervision of the Food and Drug" Administration.