18429. Adulteration and misbranding of canned tomatoes.   U. S. v. 549 Cases
*    *    *.    (F. D. C. No. 32076.   Sample No. 18946-L.)
LIBEL FILED :   November 9,1951, District of Minnesota.
ALLEGED SHIPMENT: On or about September 14, 1951, by the Westwood Can- 
ning Co., Inc., from New Castle, Ind.
PRODUCT: 549 cases, each containing 6 unlabeled No. 10 cans, of tomatoes at 
St. Paul, Minn.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a filthy substance by reason of the presence of fly eggs 
and maggots, and of a decomposed substance by reason of the presence of 
decomposed tomato material.
Misbranding, Sections 403 (e) (1) and (2), the article failed to bear a label 
containing the name and place of business of the manufacturer, packer, or 
distributor, and an accurate statement of the quantity of the contents. Fur- 
ther misbranding, Section 403 (g) (2), the article purported to be and was 
represented as canned tomatoes, a food for which a definition and standard 
of identity has been prescribed by regulations; and its label failed to bear, as 
the definition and standard requires, the name of the optional ingredient, cal- 
cium salt or calcium salts, present in the article.
DISPOSITION: January 2, 1952. A default decree was entered, ordering that 
the product be denatured for use as animal feed or destroyed.