25566. Misbranding of canned tomatoes.     IT. S. v. 300 Cases, et al., of Canned
Tomatoes. Consent decree of condemnation and forfeiture, providing; 
for the release of the product to the claimant for relabeling on fur- 
nishing of bond in the sum of $3,000. (F. & D. nos. 35589, 35591 to 35596, 
incl.    Sample nos. 36835-B, 36841-B, 36849-B.)
The can container of this product was below the prescribed standard of flll 
and was without the required statement indicating that fact.
On June 4, 1935, the United States attorney for the Southern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 1,050 cases of canned 
tomatoes at Mobile, Ala., alleging that the article had been shipped in inter- 
state commerce, on or about April 23, 1935, May 1, 1935, and May 7, 1935, 
by H. A. Shaver Inc., from Lakeland, Fla., to Mobile, Ala., and charging mis- 
branding in violation of the Food and Drugs Act The article was labeled in 
part: (Can) "Shaver's Brand Hand Packed Tomatoes * * * Packed by 
H. A. Shaver, Inc., Lakeland, Fla."
Misbranding of the product was charged under the allegations that it was 
canned food, that the cans contained a substance in addition to canned tomatoes, 
namely, puree from tomato trimmings, that by the addition of said substance to 
the canned tomatoes the fill of the cans fell below the flll of container for 
canned tomatoes promulgated by the Secretary of Agriculture
,, and that neither 
the cans nor the label bore a plain or conspicuous statement prescribed by the 
Secretary of Agriculture indicating that the product fell bel such" standard of 
flll of its container.
On July 6, 1935, the Hutchings Brokerage Co., the claimant, consenting, a 
decree of condemnation and forfeiture was entered, providing for the release of 
the product to the claimant for relabeling on furnishing of bond in the sum 
of $3,000.
W. R. GBEGG, Acting Secretary of Agriculture.