24975. Misbranding of canned tomatoes.    TJ. S. v. 200 Cases, et al., of Canned
Tomatoes. Decrees of condemnation. A portion of product released 
under bond; remainder destroyed. (F. & D. nos. 35673, 35674, 35682, 
35684.    Sample no. 24348-B.)
These cases involved canned tomatoes which fell below the standard estab- 
lished by the Secretary of Agriculture with respect to color and which were 
not labeled to indicated that they were substandard. The labeling was fur- 
ther objectionable, since it conveyed the impression that the article was 
produced in Delaware; whereas it was produced and packed in Florida.
On June 24 and June 26, 1935, the United States attorney for the Eastern 
District of Pennsylvania, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 300 
cases of canned tomatoes at Philadelphia, Pa. On June 25 and June 26, 1935, 
libels were filed against 200 cases of canned tomatoes at Camden, N. J., and 
392 cases at Trenton, N. J. The libels alleged that the article had been shipped 
in interstate commerce by the Frederica Packing Co. from Fort Pierce, Fla. 
in part to Philadelphia, Pa., and in part to Camden, N. J., on or about May 
24, 1935; that a portion had been reshipped from Philadelphia, Pa. to Trenton, 
N. J. on or about June 13, 1935, and that it was misbranded in violation of 
the Food and Drugs Act as amended. The article was labeled in part: "Blue 
Hens Chicken Tomatoes * * * The Frederica Packing Co. Main Office 
Frederica, Del."
The article was alleged to be misbranded in that the statement on the 
label, "The Frederica Packing Co. Main Office Frederica, Del." in conjunction 
with the brand name, "Blue Hens Chicken", which is a recognized nickname 
of the State of Delaware, was misleading and tended to deceive and mislead 
the purchaser, since it created the impression that the product was produced 
in Delaware; whereas it was actually produced and packed in Florida. Mis- 
branding was alleged for the further reason that the article was canned food 
and fell below the standard of quality and condition promulgated by the Sec- 
retary of Agriculture, because it wag not normally colored and its package 
and label did not bear a plain and conspicuous statement prescribed by regu- 
lations of this Department indicating that it fell below such standard.
On July 6 and July 15, 1935, the Frederica Packing Co., having appeared 
as claimant for a portion of the product seized at Philadelphia and the two 
lots seized at Camden and Trenton, N. J., respectively, judgments of con- 
demnation were entered and it was ordered that the product be released under 
bond conditioned that it be relabeled. On July 25, 1935, no claimant having 
appeared for one lot seized at Philadelphia, judgment of condemnation was 
entered and it was ordered that the said lot be destroyed.
W. R. GBEGG, Acting Secretory of Agriculture.