19179. Adulteration and misbranding of canned tomatoes.   U. S. v. 402 Cases
* * *.    (F. D. C. No. 28532.   Sample No. 64086-K.)
LIBEL FILED :   January 19,1950, District of Minnesota.
ALLEGED SHIPMENT : On or about September 30 and October 5,1949, by Kennard 
Food Products, Inc., from Knightstown, Ind.
PRODUCT: 402 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at 
Minneapolis, Minn.
LABEL IN PART :    "Nation's Garden Brand   Kipe Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (b) (4), water had been added 
to the product and mixed and packed with it so as to increase its bulk or weight 
and reduce its quality or strength.
Misbranding, Section 403 (g) (1), the product failed to conform to the 
standard of identity for canned tomatoes since it contained added water, which 
is not a permitted ingredient.
Further misbranding, Section 403 (g) (2), the product 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 required by the standard, the name of the optional firming in- 
gredient present since the label failed to reveal the presence of added calcium 
salts.
Further misbranding, Section 403 (h) (1), the product fell below the 
standard of quality for canned tomatoes since it contained excessive peel and 
its label failed to bear a statement that the product fell below the standard. 
DISPOSITION : October 26, 1950, and March 16, 1951. The shipper, 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 to be 
reprocessed and remanufactured, under the supervision of the Food and Drug 
Administration.
On March 26, 1952, the Government filed a petition that the United States 
marshal take possession of the product and dispose of it by delivery to a 
State or charitable institution, since the claimant had not complied with the 
provisions of the decree as to reconditioning and since it was presently located 
in the claimant's plant. On the same day, the court issued an order au- 
thorizing the United States marshal for the Southern District of Indiana to 
dispose of the tomatoes in that district. The product was delivered by the 
United States marshal to a charitable institution.