22949. Misbranding of canned tomatoes. U. S. v. 400 Cases and 795 Cases 
of Canned Tomatoes. Consent decrees of condemnation. Product 
released under bond to be relabeled. (F. & D. nos. 33097, 33118, 
33119.    Sample nos. 4257-B, 4265-B, 4266-B.)
These cases involved a shipment of canned tomatoes that fell below the 
standard established by this Department, all being of poor color, and a portion 
containing excessive peel. The product was not labeled to show that it was 
substandard.
On July 18 and July 24, 1934, the United States attorney for the Eastern 
District of Missouri, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 1,195 cases of 
canned tomatoes at St. Louis, Mo., alleging that the article had been shipped 
in interstate commerce, on or about June 16, 1934, by A. S. Beard, from Santa 
Rosa, Tex., and charging misbranding in violation of the Food and Drugs Act 
as amended. A portion of the article was labeled in part: " Palm Valley 
Brand * * * Tomatoes Packed by the H and J Products Co., Elsa, Texas." 
The remainder was labeled in part: " Santa Rosa Brand Hand Packed to- 
matoes   *    *    *   Packed by A. S. Beard, Santa Rosa, Texas and Roanoke, Va."
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 Secretary of 
Agriculture, because it was all of poor color and a portion contained excessive 
peel, and its package or label did not bear a plain and conspicuous statement 
prescribed by regulation of this Department, indicting that it fell below such 
standard.
On September 7 and 8, 1934, the Rosen-Reichardt Brokerage Co., St. Louis, 
Mo., claimant, having admitted the allegations of the libels and having con- 
sented to the entry of decrees, judgments of condemnation were entered and it 
was ordered by the court that the product be released to the claimant upon 
payment of costs and the execution of bonds in the sum of $3,585, conditioned 
that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.