24861. Misbranding of canned tomatoes.    U. S. v. 161 Cases of Canned Toma¬
toes.    Default decree of condemnation and destruction.    (F. & D. no.
35277.    Sample no. 27298-B.)
This case involved a shipment of canned tomatoes which fell below the stand- 
ard established by this Department because it was slack-filled, and which was 
not labeled to indicate that it was substandard.
On March 20, 1935, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 161 cases of canned 
tomatoes at Kansas City, Mo., alleging that the article had been shipped in 
interstate commerce on or about January 29,1935, by J. S. Mitchell, from Wind- 
fall, Ind., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: "Little Sport Brand Tomatoes 
*   *   *   Distributed by John S. Mitchell, Inc., Windfall, Ind."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of fill of container promulgated by the Secretary of 
Agriculture because of excessive headspace, and its package or label did not 
bear a plain and conspicuous statement prescribed by regulation of this Depart- 
ment, indicating that it fell below such standard.
On September 6, 1935, no claimant having appeared, judgment was entered 
finding the product misbranded and ordering that it be destroyed.
W. R GBEGG, Acting Secretary of Agriculture.