26307. Adulteration  and misbranding of  tomato  juice.     IT.   S.  v.  200  Cases  of
Tomato   Juice  in   Kans.     Default   decree   of  destruction.     (F.   &  D.   no.
37286.    Sample no. 68703-B.)
This case involved tomato juice that contained excessive mold and that was 
short in volume.
On March 2, 1936, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 200 cases of canned 
tomato juice at Kansas City, Mo., alleging that the article had been shipped in 
interstate commerce on or about November 9, 1935, by Robinson Canning Co., 
from Siloam Springs, Ark., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act as amended. The article was labeled in part: 
(can) "King of Ozarks Brand Tomato Juice Contents 10 F. Oz. Packed By 
Robinson Canning Co. Robinson, Ark."
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 in that the statement on the label, 
"Contents 10 F. Oz.", was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to a product in cans containing less than 10 
fluid ounces; and in that it was food in package form and the quantity of con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the quantity stated was not correct.
On July 21, 1936, no claimant having appeared and the court having found 
the article adulterated and misbranded, judgment was entered ordering that the 
product be destroyed. 
,,       TO
M. L. WILSON, Acting Secretary of Agriculture.