19947. Misbranding of   canned  tomatoes.    U.   S.   v.   700   Cases,   et   al.,   of
Canned Tomatoes. Decree of condemnation and forfeiture. Prod- 
uct released under bond (F. & D. Nos. 27750, 27751, 27752, 27753. 
I. S. Nos. 44459, 44460.    S. No. 5743.)
These actions were based on the interstate shipments of quantities of canned 
tomatoes, which were found to fall below the standard of quality and condition 
promulgated by the Secretary of Agriculture for such canned food, since it 
contained an excessive amount of green tomatoes, peel, and blemishes, and 
which were not labeled to show that they were substandard. Portions of the 
article also were falsely labeled as to the name of the manufacturer.
On February 15, 1932, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 1,124 cases of canned tomatoes at Dallas, Tex. 
On February 16, 1932, the United States attorney for the Eastern District of 
Texas filed a libel against 1,072 cases of the product at Crockett, Tex. It was 
alleged in the libels that the article had been shipped in interstate commerce 
in part on or about December 26, 1931, and in part on or about December 30, 
1931, by the Baron Canning Co., from Fort Smith, Ark., to Dallas, Tex., and 
that it was misbranded in violation of the food and drugs act as amended. A 
portion of the article was labeled in part: (Cans) " Baron Brand Hand Packed 
Tomatoes * * * Packed by Baron Canning Co., Baron, Oklahoma." The 
remainder of the article was labeled in part: (Cans) "Jackson's Standard 
Tomatoes,   *   *   *   Packed by Jackson Canning Co., Fayetteville, Ark."
Misbranding of the article was alleged in the libels for the reason that it 
was canned food and fell below the standard of quality and condition pro- 
mulgated by the Secretary of Agriculture, in that it contained an excessive 
amount of green tomatoes, peel, and blemishes, and the labels on the cans did 
not bear a plain and conspicuous statement indicating that such canned goods 
fell below such standard.
Misbranding was alleged with respect to portions of the article, for the fur- 
ther reason that the statements, "Jackson's Standard Tomatoes," and "Jack- 
son Standard Packed by Jackson Canning Company, Fayetteville, Ark.," were 
false and misleading and deceived and misled the purchaser.
On June 8, 1932, B. L. Satterwhite, Crockett, Tex., appeared as claimant 
for the product seized in the Eastern District of Texas. On June 17, 1932, 
the Killingsworth Self-Serving Stores (Inc.) and the Webster-Foster Co., both 
of Dallas, Tex., appeared as claimants for respective portions of the product 
seized in the Northern District of Texas, and consented to the entry of decrees. 
Judgments of condemnation and forfeiture were entered in each case, and it 
was ordered by the court that the product be released to the respective claim- 
ants upon payment of costs and the execution of good and sufficient bonds, 
conditioned in part that it should not be sold or otherwise disposed of con- 
trary to the Federal food and drugs act and all other laws. It was further 
ordered that the product be relabeled under the supervision of this department.
HENBY A. WALLACE, Secretary of Agriculture.