16843. Misbranding of canned tomatoes.   U. S. v. 988 Cases   *   *    *.    (F. D. C.
No. 29804.    Sample No. 82245-K.) 
LIBEL FILED:    October 16, 1950, Southern District of West Virginia. 
ALLEGED SHIPMENT :    On or about August 18,1950, by Albert W. Sisk & Son, from
Linkwood, Md. 
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PRODUCT:   988 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes
at Charleston, W. Va.
LABEL IN PART : (Can) "Salem Brand * * * Tomatoes Packed By Salem 
Packing Go.   Phos. J. Faulkner & Sons, Salem, Md."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality for canned tomatoes since the drained weight of the 
contents of the container was less than 50 percent of the weight of water re- 
quired to fill the container and the product contained tomato peel per pound 
of canned tomatoes which covered an area of more than one square inch, and 
the label failed to bear a statement that the product fell below the standard.
DISPOSITION: November 28, 1950. The Salem Packing Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered and 
the court ordered that the product be released under bond for relabeling, under 
the supervision of the Federal Security Agency.