27076. Misbranding of canned tomatoes.     U. S. v. 830 Cases and 1,000 Cases of
Canned Tomatoes. Consent decrees of condemnation. Product re- 
leased under bond to be relabeled. (F. & D. nos. 38862, 39078. Sample 
nos. 30241-C, 33901-C.)
This product fell below the standard for canned tomatoes established by 
this Department, since it contained puree from trimmings and it was not 
labeled to indicate that it was substandard.
On December 23, 1936, and February 11, 1937, the. United States attorneys for 
the Northern District of Illinois and the Western District of Missouri, acting 
upon reports by the Secretary of Agriculture, filed in their respective district 
courts libels praying seizure and condemnation of 830 cases of canned tomatoes 
at Chicago, Ill., and 1,000 cases of canned tomatoes at Kansas City, Mo., 
alleging that the article had been shipped in interstate commerce by the Fettig 
Canning Corporation in part from Elwood, Ind., on or about October 17, 1936, 
and in part from Daleville, Ind., on or about January 15, 1937, and charging 
misbranding in violation of the Food and Drugs Act as amended. A portion of 
the article was labeled: "Harvest Inn Brand Tomatoes Distributed by Mar- 
shall Food Products Co. Marshalltown, Iowa." The remainder was labeled: 
"Mary's Choice Hand Packed Indiana Tomatoes * * * Packed by Fettig 
Canning Corporation, Elwood, Ind."
The article was alleged to be misbranded in that it was canned food and fell 
below the standard of quality and conditon promulgated by the Secretary of 
Agriculture, since it consisted of tomatoes with puree from trimmings, and its 
package or label did not bear a plain and conspicuous statement prescribed by 
the Secretary of Agriculture indicating that it fell below such standard, namely, 
"Tomatoes with puree from trimmings."
On February 11 and May 26, 1937, the Fettig Canning Corporation and the 
Great Atlantic & Pacific Tea Co., having appeared as claimants for their respec- 
tive lots and having consented to the entry of decrees, judgments of condemna- 
tion were entered and it was ordered that the product be released under bond 
to be relabeled.
W. R. GBEGG, Acting Secretary of Agriculture.