19563. Misbranding of   canned   tomatoes.     17.   S.   v.   339   Cases   of   Canned
Tomatoes. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 27317. I. S. Nos. 42836, 42837. S. No. 
5496.)
Samples of canned tomatoes taken from the shipment Involved In this action 
were found to contain peel in excess of the standard promulgated by the Secre- 
tary of Agriculture. The label failed to bear a declaration prescribed by this 
department to show that the product was substandard.
On November 30, 1931, the United States attorney for the Eastern District 
of Pennsylvania, acting- upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 339 cases of canned tomatoes, remaining in the 
original unbroken packages at Lancaster, Pa., alleging that the article had 
been shipped in interstate commerce by A. W. Sisk & Sons, Laurel, Del., on or 
about September 16, 1931, and charging misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Can) "I. X. L. 
Brand Tomatoes   *    *    *   Preston Canning Co. Distributors, Prestcn, Md."
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 for such canned food, in that it contained peel in excess 
of such standard and its package or label did not bear a plain and conspicuous 
statement prescribed by the Secretary, Indicating that it fell below such 
standard.
On February 19, 1932, the Oliphant Packing Co., having appeared as claim- 
ant 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 claim- 
ant upon payment of costs and the execution of a bond In the sum of $1,000, 
conditioned in part that it be relabeled under the supervision of this depart- 
ment, and that it should not be sold or otherwise disposed of contrary to the 
laws of the United States and all cither existing laws.
ARTHUR M. HYDE, Secretary of Agriculture.