26316. Misbranding of canned tomatoes. IT. S. v. 17 Cases of Canned Tomatoes. 
Default decree of condemnation and destruction. (F. & D. no. 37501. 
Sample no. 29897-B.)
This case involved canned tomatoes which fell below the standard estab- 
lished by this Department, which were not labeled to indicate that they were 
substandard, and which were short in weight.
On April 2, 1936, the United States attorney for the Middle District of Ala- 
bama, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 17 cases of canned tomatoes 
at Union Springs, Ala., alleging that the article had been shipped in inter- 
state commerce on or about August 23, 1935, by the Pulaski Canning Co., from 
Pulaski, Tenn., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Pulaski Brand Hand Packed 
Tomatoes Contents 1 Lb. 3 Ozs. Packed by Pulaski Canning Co. Pulaski, 
Tenn."
The article was alleged to be misbranded in that the statement on the label, 
"Contents 1 Lb. 3 Ozs.", was false and misleading and tended to deceive and 
mislead the purchaser when applied to a product in cans containing less than 1 
pound 3 ounces; 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 pack- 
age, since the quantity stated was not correct; and in that it was canned food 
and fell below the standard of quality, condition, and fill of container promul- 
gated by the Secretary of Agriculture for such canned food, since it did not 
consist of whole or large pieces, and it was not normally colored and was slack- 
filled because of excessive head space and its package or label did not bear a 
plain and conspicuous label prescribed by the Secretary of Agriculture indicating 
that it fell below such standard.
On September 11, 1936, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.