25763. Misbranding of canned tomatoes.     U. S. v. 967 Cases of Canned Toma¬
toes.     Product   adjudged   misbranded   and   released   under   bond   for 
relabeling.     (F. & D. no. 36918.    Sample no. 49170-B.)
This product was substandard, because it did not consist of whole or large 
pieces of tomatoes, was not normally colored, and it was not labeled to indicate 
that it was substandard.
On or about January 7, 1936, the United States attorney for the Northern 
District of Oklahoma, acting upon a report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 967 cases
of canned tomatoes at Tulsa, Okla., alleging that the article had been shipped 
in interstate commerce on or about November 23, 1935, by the Charles S. Hulsey 
Canning Co., from Green Forest, Ark., and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Raider Tomatoes * * * distributors Griffin Grocery Company * * * 
Muskogee, Okla."
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, 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.
On January 13, 1936, the Griffin-Goodner Grocery Co., Tulsa, Okla., having 
appeared as claimant, judgment was entered finding the product misbranded 
and ordering that it be released under bond, conditioned that it be relabeled 
under the supervision of this Department.
W. R. GREGG, Acting Secretary of Agriculture.