19107. Misbranding of canned tomatoes.    IT.  S.  v.  992  Cases  of Tomatoes.
Consent decree of condemnation and forfeiture.     Product released 
under bond.     (F. & D. No. 27203.    I. S. No. 38684.    S. No. 5370.)
Examination of samples of canned tomatoes from the shipment herein de- 
scribed having shown that the article was substandard in that it contained 
an excessive amount of peel, the Secretary of Agriculture reported the matter 
to the United States attorney for the Southern District of New York.
On November 2, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 992 cases of canned tomatoes at New York, N. Y., alleging 
that the article had been shipped on or about October 1, 1931, by the Fred- 
erica Packing Co., from Felton, Del., and had been transported from the State 
of Delaware into the State of New York, and charging misbranding in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Cans) "Three Castles Brand Hand Packed Tomatoes. * * * Embassy 
Grocery Corp. Distributors, New York, N. Y."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality promulgated by the Secre- 
tary of Agriculture, since it contained an excessive amount of peel and its 
package or label did not bear a plain and conspicuous statement as prescribed, 
indicating that it fell below such standard.
On January 5, 1932, the Embassy Grocery Corporation, New York, N. Y., 
claimant, having admitted the allegations of the libel and having consented 
to the entry of a decree, 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 
$1,000, conditioned in part that the labels be removed from the cans and the 
following label affixed thereto: "Frederica Brand Tomatoes Below U. S. 
Standard Low Quality but Not Illegal. * * * Packed by Frederica Pack- 
ing Company, Frederica, Delaware."
ABTHUB M. HYDE, Secretary of Agriculture.