24609. Misbranding of canned tomatoes. U. S. v. 235 Cases and 310 Cases of 
Canned Tomatoes. Decree of condemnation. Product released under 
bond to be relabeled.    (F. & D. no. 35256.    Sample nos. 22821-B, 22822-B.)
This case involved a shipment of canned tomatoes which fell below the 
standard established by this Department, and which were not labeled to indi- 
cate that they were substandard.
On March 13, 1935, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in1 the district court 
a libel praying seizure and condemnation of 545 cases of canned tomatoes at 
Minneapolis, Minn., alleging that the article had been shipped in interstate 
commerce on or about October 24, 1934, by the Fettig Canning Co., from 
Elwood, Ind., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Mary's Choice Brand Extra 
Standard Tomatoes   *   *   *   Packed by Fettig Canning Co. Elwood, Ind."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard and quality promulgated by the Secretary of Agricul- 
ture because it was not whole or in large pieces as evidenced by its low 
drained weight, 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, "Extra Standard", was false and misleading 
and tended to deceive and mislead the purchaser, since the product was sub- 
standard.
On June 19,1935, the Fettig Canning Co. having appeared as claimant for the 
property, judgment of condemnation was entered and it was ordered that the 
product be released under bond conditioned that it be relabeled under the 
supervision of this Department.
W. R. GBEGG, Acting Secretary of Agriculture.