18788. Misbranding of canned tomatoes.   U. S. v. 698 Cases   *    *   *.    (F. D. C.
No. 31925.   Sample No. 4061-L.)
LIBEL FILED :    November 21, 1951, Eastern District of North Carolina.
ALLEGED SHIPMENT: On or about August 25, 1951, by the Lake Packing Co., 
from Lake, Va.
PRODUCT:    698 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes at
Greenville, N. C. 
LABEL, IN PART:    "Red-Glo   Tomatoes."
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 label failed to bear a statement that the 
product fell below the standard.
DISPOSITION : February 14, 1952. The Lake Packing Co., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered and 
the court ordered that the product be released under bond to be relabeled, 
under the supervision of the Food and Drug Administration.