19937. Misbranding of canned tomatoes. IT. S. v. 997 Cases of Canned 
Tomatoes. Decree of condemnation and forfeiture. Product re- 
leased under bond for relabeling. (F. & D. No. 27236. I. S. No. 37882. 
S. No. ff400.)
Examination of the canned tomatoes Involved in this action showed that the 
article contained excessive peel, an excessive number of blemishes, and was low 
in drained weight, and that the label failed to bear a statement, as required by 
law, indicating that it was substandard.
On November 12,1931, 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 997 cases of canned tomatoes, remaining in the 
original unbroken packages at Philadelphia. Pa., alleging that the article had 
been shipped on or about September 29, 1931, by A. W. Sisk & Son, from Snow 
Hill, Md., to Philadelphia, Pa., and charging misbranding in violation of the 
food and drugs act as amended. The article was labeled in part: "Buddy 
Brand Tomatoes * * * Packed by The Farmer's Canning Co. Snow Hill, 
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 and condition promulgated
by the Secretary of Agriculture for such canned food, since it contained an 
excessive amount of tomato peel, an excessive number of blemishes, and was 
low in drained solids, and its package or label did not bear a plain and con- 
spicuous statement prescribed by the Secretary of Agriculture, indicating that 
such canned food fell below such standard.
On June 6, 1932, A. W. Sisk & Son, Philadelphia, Pa., 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 $1,500, conditioned in part that it be relabeled under the supervision of this 
department and that it should not be sold or disposed of contrary to law.
HENEY A. WALLACE, Secretary of Agriculture.