21497. Adulteration and misbranding of canned tomatoes.   U. S. v. 997 Cases
* * *.    (F. D. C. No. 36429.    Sample No. 43040-L.) 
LIBEL FILED :   March 3, 1954, Southern District of New York.
ALLEGED SHIPMENT: On or about February 4, 1954, by Flotill Products, Inc., 
from Stockton, Calif.
PRODUCT:   997 cases, each containing 24 cans, of tomatoes at New York, N. Y.
LABEL, IN PART: (Cases stenciled) "24 No. 2% California canceled Pear 
Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a decomposed substance.
Misbranding, Section 403 (e) (1) and (2), the article failed to bear a label 
containing the name and place of business of the manufacturer, packer, or 
distributor, and an accurate statement of the quantity of the contents; and 
Section 403 (i) (1), the label failed to bear the common or usual name of the 
article.
DISPOSITION : August 13, 1954. Default decree of condemnation and destruc- 
tion.