19134. Adulteration and misbranding of pickle chips. U. S. v. 494 Cases * * *. (F. D. C. No. 31903. Sample No. 11212-L.) LIBEL FILED: October 18, 1951, Northern District of Ohio. ALLEGED SHIPMENT : On or about May 3, 1951, by I. Miller Pickles, Inc., from North Tonawanda, N. Y. PRODUCT: 494 cases, each containing 4 1-gallon jars, of pickle chips at Cleve- land, Ohio. LABEL IN PART: "Bertman Sweet Crispy Pickle Chips One-half pint fluid." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), brine had been sub- stituted in part for pickle chips. Misbranding, Section 403 (d), the container was so made, formed, or filled as to be misleading; and, Section 403 (e) (2), the product was food in package form and failed to bear a label containing an accurate statement of the quantity of the contents. (Examination disclosed that less than % of the volume of the jars contained pickle chips, with the remainder consisting of brine.) DISPOSITION : September 3,1952. The shipper, claimant, having admitted that the product was labeled inaccurately, the court entered judgment of condemna- tion ordering that the product be released under bond to be relabeled in com- pliance with the law' and sold to institutions, under the supervision of the Food and Drug Administration. TOMATOES AND TOMATO PRODUCTS