22904. Misbranding of   canned   tomatoes.   U.   S.   v.   625   Cases   of   Canned
Tomatoes. Consent decree of condemnation and forfeiture* 
Product released under bond to be relabeled. (F. & D. no. 32714. 
Sample noa. 67709-A, 69753-A.)
This case involved a shipment of canned tomatoes that fell below the 
standard established by this Department, because of lack of color, and which 
was not labeled to indicate that it was substandard.
On May 16, 1934, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 625 cases of canned tomato 
toes at Jersey City, N. J., alleging that the article had been shipped in inter- 
state commerce, on or about April 4, 1934, by the Eckerson Fruit Canners, 
Inc., from Sanford, Fla., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Can) "Eckert 
son
'
s Hand Packed Tomatoes * * * Packed by Eckerson Fruit Canners, 
Inc., Executive Office Jersey City, N. J."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of quality and condition promulgated by the Secre- 
tary of Agriculture, because of lack of proper color, and the package or label 
did not bear a plain and conspicuous statement prescribed by regulation of 
this Department, indicating that it fell below such standard.
On September 4, 1934, the Eckerson Fruit Canners, Inc., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered that the product be released to the claimant upon payment of costs
and the execution of a bond in the sum of $836, conditioned that it be relabeled 
in compliance with the law.
M. L. WILSON, Acting Secretary of Agriculture.