20132. Adulteration   and misbranding of  canned  tomatoes.    U.   S.   v.   976
Cases * * *.    (F. D. C. No. 33701.    Sample No. 36532-L.)
LIBEL FILED :   On or about September 23, 1952, Southern District of Indiana.
ALLEGED SHIPMENT : On or about August 13,1952, by Robbins Bros., from Pres- 
ton, Md.
PRODUCT:   976 cases, each containing 24 cans, of tomatoes at Evansville, Ind.
LABEL IN PART :    "Robbins Tomatoes * * * Contents 1 Lb. 3 Oz."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a decomposed substance by reason of the presence of 
decomposed tomato material.
Misbranding, Section 403 (h) (1), the quality of the article fell below the 
standard of quality for canned tomatoes because of the presence of excessive 
tomato peel, and the label failed to bear a statement that the article fell below 
the standard.
DISPOSITION : January 9, 1953. Robbins Bros., claimant, having admitted the 
facts alleged in the libel, judgment of condemnation was entered and the 
court ordered that the product be released under bond for segregation and de- 
struction of the unfit portion and for relabeling of such part of the remaining 
portion that was substandard, under the supervision of the Food and Drug 
Administration.
The total amount of the product which was actually seized consisted of 646 
cases,rand, of this amount, 134 cases were found unfit and were destroyed and 
512 cases were relabeled.