23909. Misbranding of canned tomatoes.    V. S. v. 781 Cases and 241 Cases
of Canned Tomatoes. Decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. no. 33120. 
Sample nos. 4376-B, 4377-B.)
This case involved an interstate shipment of canned tomatoes which fell 
below the standard established by this Department because of poor color and 
which were not labeled to show that they were substandard. The article was 
also falsely branded as to the name of the manufacturer and the place of 
manufacture.
On July 26, 1934, the United States attorney for the Western District of 
Tennessee, acting upon reports by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 1,022 cases of canned 
tomatoes at Memphis, Tenn., alleging that the article had been shipped in 
interstate commerce on or about June 27, 1934, by the Hazlehurst Canning 
Co., from Hazlehurst, Miss., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: " Shaver's 
Brand Hand Packed Tomatoes * * * Packed by H. A. Shaver, Inc., Lake- 
land, Fla."
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 of poor color and its package or label did not bear a 
plain and conspicuous statement prescribed by regulation of this Department, 
indicating that it fell below such standard. Misbranding was alleged for the 
further reason that the statement on the label, " Packed by H. A. Shaver, Inc., 
Lakeland, Fla.", was fake and misleading and tended to deceive and mislead the 
purchaser since it was packed in Hazlehurst, Miss.
On December 4, 1934, Davis-Mize & Co., Memphis, Tenn., having appeared 
as claimant and having admitted the allegations of the libel, judgment of 
condemnation and forfeiture was entered and it was ordered that the product 
be released under bond, conditioned that it be relabeled under the supervision 
of this Department.
M. L. WILSON, Acting Secretary of Agriculture.
Sample cans of olive oil taken from the shipment involved in this case were 
found to contain less than 1 gallon, the volume declared on the label.
On July 26, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 120 tins of olive oil 
at Tacoma, Wash., alleging that the article had been shipped in interstate com- 
merce on or about June 28, 1934, by the Fair Oaks Fruit Co., from Fair Oaks, 
Calif., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: " Net Contents One Gallon San Juan 
Brand Pure Olive Oil, Fair Oaks, Fruit Co., Fair Oaks, Calif."
The article was alleged to be misbranded in that the statement on the label, 
" Net Contents One Gallon ", was false and misleading and tended to deceive 
and mislead the purchaser. Misbranding was alleged for the further reason 
that the article was food 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 December 24, 1934, no claimant having appeared, judgment of condemna- 
tion and forfeiture was entered and it was ordered that the product be 
delivered to a public institution.
M. L. WILSON, Acting Secretary of Agriculture.