21107. Adulteration  and   misbranding1   of   canned   tomatoes.     V.  S.  v.  39
Cases of Canned Tomatoes.    Default decree of condemnation and 
destruction.     (P. & D. no. 29905.    Sample no. 32799-A.)
This case involved an interstate shipment of canned tomatoes that were in 
part decomposed. The article also fell below the standard of fill of container 
established by this Department, and was not labeled to show that it was slack- 
filled.
On March 4, 1933, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 39 cases of canned 
tomatoes at Pittsburgh, Pa., alleging that the article had been shipped in 
interstate commerce on or about January 11, 1933, by F. D. Bolton, from 
Fincastle, Va., and charging adulteration in violation of the Food and Drugs 
Act. On March 23, 1933, the libel was amended in order to charge that the 
product was also misbranded. The article was labeled in part: " Cherry 
Grove Brand Hand Packed Tomatoes * * * Packed by F. D. Bolton, 
Fincastle, Va."
It was alleged in the libel that the article was adulterated in that it consisted 
wholly or in part of a decomposed vegetable substance.
Misbranding was alleged in the libel as amended in that the article was 
canned food and fell below the standard of fill of container promulgated by the 
Secretary of Agriculture for such canned food, and the package or label did not 
bear a plain and conspicuous statement prescribed by regulation of this Depart- 
ment, indicating that it fell below such standard.
On June 22, 1933, no claimant having appeared for the property, judgment of 
condemnation was entered and it was ordered by the court that the product be 
destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.