27093. Misbranding of canned tomatoes. U. S. v. 24 Cases of Canned Tomatoes. 
Default decree of condemnation and destruction. - (F. & D. no. 38998. 
Sample no. 32602-C.)
This case involved canned tomatoes that fell below the standard established 
by this Department because they did not consist of whole or large pieces and 
which were not labeled to indicate that they were substandard.
On January 25, 1937, 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 24 cases of canned tomatoes at 
Lagrange, Oreg., alleging that they had been shipped in interstate commerce on 
or about January 9,1937, by the Interior Grocery Co., from Walla Walla, Wash., 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: "Blue and White Brand Tomatoes With 
Puree from Trimmings Red and White Coupon Distributors Chicago, Ill."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture since it did not consist of whole or large pieces and its package or label 
did not bear a plain and conspicuous statement prescribed by regulation of 
this Department indicating that it fell below such standard.
On March 19, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R GREGG, Acting Secretary of Agriculture.