26205. Adulteration  and misbranding1  of tomato  juice.     IT.  S.  v.   ISO  Cases  of
Canned Tomato Juice.     Decree of condemnation and destruction.     (F. &
D. no. 37278.    Sample no. 59167-B.)
This case involved interstate shipments of canned tomato juice that contained 
excessive mold, and the containers of which were short in volume.
On March 3, 1936, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 180 cases of canned 
tomato juice at Kansas City, Mo., alleging that the article had been shipped 
in interstate commerce on or about October 7 and 13,1935, by the Nelson Packing 
Co., from Springdale, Ark. The article was labeled in part: "Nelson's Brand 
Tomato Juice Contents 12% Fl. Oz. Delicious Refreshing This Tomato Juice 
is Pure, Undiluted Pasteurized with Rich Natural Flavor. Extracted from 
fresh selected vine-ripened tomatoes. * * * Produced in the middle of the 
Ozarks by Nelson Packing Co. Inc.   Springdale, Arkansas."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed vegetable substance.
The article was alleged to be misbranded (1) in that the statement on the 
label, "Contents 12% F. Oz.", was false and misleading and tended to deceive 
and mislead the purchaser when applied to a product the packages of which 
each contained less than 10 fluid ounces thereof, and (2) in that it was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the quantity stated 
was not correct.
On May 1, 1936, judgment of condemnation was entered and it was ordered 
that the product be destroyed.
HAEST L. BEOWIT, Acting Secretary of Agriculture.