26004. Misbranding of canned tomato juice.     U. S. v. 64 Cases of Tomato Juice.
Consent decree of condemnation. Product released under bond for 
relabeling.     (F. & D. no. 37287.    Sample no. 53433-B.)
This case involved an interstate shipment of canned tomato juice the cans 
of which were found to contain less than the measure stated on the label.
On March 5, 1936, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 64 cases of canned tomato juice 
at Portland, Or eg., alleging that the article had been shipped in interstate 
commerce on or about January 6, 1936, by the Walla Walla Canning Co., 
from Walla Walla, Wash., and that it was misbranded in violation of the Food 
and Drugs Act. The article was labeled: "Walla Walla Valley Brand Tomato 
Juice Contents 3 Qts. 3 FL Ozs. Packed by Walla Walla Canning Co. Walla 
Walla, Washington Produce of U. S. A."
The article was alleged to be misbranded in that the statement on the label, 
"Contents 3 Qts. 3 F. Ozs.", was false and misleading and tended to deceive 
and mislead the purchaser; and in that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the quantity stated was incorrect.
On April 10, 1936, the Walla Walla Canning Co., claimant, having admitted 
the allegations of the libel and having consented to a decree, judgment of con- 
demnation was entered, and it was ordered that the product be released 
under bond conditioned that it be relabeled.
W. R. GREGG, Acting Secretary of Agriculture.