18887. Misbranding of canned tomatoes.    U. S. v. 9S Cases, et al.. of Canned
Tomatoes. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 27096. I. S. Nos. 37866, 37867. S. No. 
5333.)
Examination of samples of canned tomatoes from the shipment herein de- 
scribed having shown that the article fell below the standard promulgated by
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this department for canned tomatoes, in that it contained an excessive amount 
of peel, and that the label failed to bear a statement that the article fell below 
such standard, the Secretary of Agriculture reported the matter to the United 
States attorney for he Eastern District of Pennsylvania.
On October 20, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 193 cases of canned tomatoes, remaining in the original unbroken 
packages at Philadelphia, Pa., alleging that the article had been shipped by the 
Frederica Packing Co., from Milford, Del., on or about September 29, 1931, 
and had been transported from the State of Delaware into the State of Penn- 
sylvania, and charging misbranding in violation of the food and drugs act as 
amended. A portion of the article was labeled in part: " Red Seal Brand 
Tomatoes * * * Thomas Roberts & Co., Philadelphia, Pa., * * * Dis- 
tributors." The remainder of the said article was labeled in part: " Redstone 
Brand Tomatoes Packed for & Guaranteed Strictly First Quality by Comly, 
Flanigen Company, Philadelphia."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality or condition promulgated 
by the Secretary of Agriculture for such canned food, and the package or label 
did not bear a plain and conspicuous statement prescribed by the Secretary of 
Agriculture indicating that the article fell below such .standard.
On October 28, 1931, the Frederica Packing Co. (Inc.), Frederica, Del., 
having appeared as claimant for the property, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon payment of costs and the execution of a 
bond-in the sum of $225, conditioned in part that it be relabeled under the 
supervision of this department, and that it should not be sold or otherwise 
disposed of contrary to the laws of the United States, or any State, Territory, 
district, or insular possession.
ARTHUR M. HYDE, Secretary of Agriculture.