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.