19571. Misbranding of  canned  tomatoes.    U.   S.  v.   1,075  Cases   of  Canned
Tomatoes. Consent decree of condemnation. Product released 
under bond.    (F. & D. No. 27596.    I. S. No. 44452.    S. No. 5626.)
Examination of the canned tomatoes in the shipment involved in this action 
showed that the article fell below the standard promulgated by this department 
for canned tomatoes, in that it contained some decayed material, and excessive
peel, and blemishes, and that it was not labeled to show that it was sub- 
standard.
On December 23, 1931, the United States attorney for the Western District 
of Arkansas, 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 1,075 cases of canned tomatoes, remaining in 
the original unbroken packages at Fort Smith, Ark., alleging that the article 
had been shipped in interstate commerce by the Westville Canning Co., West- 
ville, Okla., on or about August 12, 1931, and charging misbranding in violation 
of the food and drugs act as amended.
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, since it contained decayed material and an 
excessive amount of peel and blemishes, and the labels did not bear a plain 
and conspicuous statement prescribed by the said Secretary, indicating that 
it fell below such a standard.
On February 24,' 1932, the Griffin Grocery Co., Fort Smith, Ark., claimant, 
having admitted the allegations of the libel and having consented to the 
entry of a decree, judgment was entered ordering the product condemned. It 
was further ordered by the court that the said product be released to the 
claimant for relabeling and disposition in accordance with the Federal food 
and drugs act, under the supervision of this department, upon the filing of a 
bond in the sum of $1,500.
AETHUB M. HYDE, Secretary of Agriculture.