27174. Misbranding of canned tomatoes.     TJ. S. v. 147 Cases and 14 Cases of
Canned Tomatoes. Consent decree of condemnation. Product or- 
dered released under bond to be relabeled. (F. & D. no. 38911. Sam- 
ple nos. 26360-C, 26491-C.)
This product was labeled to give the impression that it was an Italian 
product, when it was of domestic origin.   A portion was short in weight.
On January 7, 1937, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in
the district court a libel praying seizure and condemnation of 161 cases of 
canned tomatoes at New York, N. Y., alleging that the article had been shipped 
in interstate commerce on or about September 4 and 17, 1936, by Capolinp 
Food Products Corporation from Merced, Calif., and charging misbranding 
in violation of the Food and Drugs Act. It was labeled variously in part: 
"Somma Brand, Net Contents 1 lb. 12 oz. [or "15 ozs. avoir."] Italian Peeled 
Tomatoes * * * Packed in California for Unico Distributing Co. New 
York."
It was alleged to be misbranded in that the statement "Italian Peeled Toma- 
toes Pomidoro Pelati Italian", and the device on the label, of a picture of a 
monk and pear-shaped tomatoes conveyed the impression that it was an 
Italian product; whereas it was not an Italian product but was of domestic 
origin. A portion of the article was alleged to be misbranded further in that 
the statement "Net Contents 1 Lb. 12 Oz." was false and misleading and 
tended to deceive and mislead the purchaser when applied to an article that 
was short in weight; and in that it was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package by reason of the fact that the quantity stated was not correct.
On April 7, 1937, the Unico Distributing Co., claimant, having admitted the 
allegations of the libel, and having consented to the entry of a decree, judg- 
ment of condemnation was entered and it was ordered that the product be 
released under bond to be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.