21 TOT. Misbranding of   canned   tomatoes.      U.   S.   v.   40   Cases   of   Canned 
Tomatoes.    Product  delivered to  charitable organizations.     (F. &
D. no. 30895.    Sample no. 39867-A.)
This case involved an interstate shipment of canned tomatoes which con- 
tained excessive peel and blemishes, and which were not labeled to indicate 
that they were substandard.
On or about August 12, 1933, the United States attorney for the Southern 
District of Georgia, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 40 cases of 
canned tomatoes at Savannah, Ga., alleging that the article had been shipped 
in interstate commerce on or about July 24, 1933, by the Cherokee Products 
Co., from Beaufort. S.C., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Can) "Realm 
Vine Ripened Tomatoes."
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, because of the presence 
of excessive peel and blemishes, and its package or label did not bear a plain 
and conspicuous statement prescribed by regulation of this Department indicat- 
ing that it was substandard.
On November 3, 1933, no claimant having appeared for the property, judg- 
ment was entered ordering that the product be destroyed.    The decree pro-
vided, however, that the goods might be delivered to various charitable organi- 
zations in lieu of destruction.
M. L. WILSON, Acting Secretary of Agriculture.