25732. Misbranding of canned tomatoes.     t.  S. v. 800 Cases of Canned Toma¬
toes.     Consent decree of condemnation.    Product released under bond 
for relabeling.     (F. & D. no. 37228.    Sample no. 59161-B.)
This case involved an interstate shipment of canned tomatoes that fell below 
the standard established by the Department of Agriculture because the product 
was not normally colored and flavored, the flavor being that of unripe toma- 
toes rather than the normal flavor of mature tomatoes, and they were not 
labeled to indicate that they were substandard.
On or about February 24, 1936, the United States attorney for the Western 
District of Oklahoma, acting upon a. report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 800 cases 
of canned tomatoes at Oklahoma City, Okla., alleging that the article had been 
shipped in interstate commerce on or about December 5 and 12, 1935, and 
January 20, 1936, by the Austin-Snow Co., from Springfield, Mo., and that it 
was misbranded in violation of the Food and Drugs Act. The article was 
labeled: "New Deal Brand Hand Packed Tomatoes. Contents 1 Lb. 3 Oz. 
Distributed by Austin-Snow Company, Springfield, Missouri."
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 for such canned food, in that the canned tomatoes were not 
normally colored and normally flavored, since the flavor was that of unripe 
tomatoes rather than the normal flavor of mature tomatoes, and the package 
or label did not bear a plain and conspicuous statement, as prescribed by the 
Secretary of Agriculture, indicating that the article fell below such standard
On March 20, 1936, the Austin-Snow Co. and the Wolfe Brokerage Co., claim- 
ants, having admitted the allegations of the libel and consented to a decree, 
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 the Department of Agriculture.
W. R. GBEGG, Acting Secretary of Agriculture.