21293. Misbranding of fresh tomatoes.    U.  S. v. 560 Lugs  of Fresh Toma¬
toes.    Product   released   under   bond   to   be   relabeled.     (F.   &   D.
no. 30658.    Sample no. 46518-A.)
This case involved a shipment of tomatoes in lugs that contained less than 
the labeled weight, 30 pounds.
On June 22, 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 560 lugs of 
fresh tomatoes at Pittsburgh, Pa, alleging that the article had been shipped 
by Ernest M. Shoemaker, from Jacksonville, Tex., on or about June 15, 1933, 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: "Texas Tomatoes, Average Weight Thirty 
Lbs."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the lugs, "Average Weight Thirty Lbs.", was false and misleading 
and deceived and misled the purchaser. Misbranding was alleged for the 
further reason that the article was in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package, since the statement made was incorrect.
On June 28, 1933, I. Cohen, Morris Cohen, and Harry Cohen, trading as 
I. Cohen & Sons, Pittsburgh, Pa., having appeared as claimants for the property 
and having admitted the allegations of the libel, judgment was entered order- 
ing that the product be released upon the execution of a bond in the sum of 
$500, conditioned that it be relabeled under the supervision of this Depart- 
ment and that the claimant pay the costs of the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.