27320. Misbranding of canned tomatoes.     IT.  S. v.  142 Cases of Canned Toma¬
toes.     Default decree of forfeiture and destruction.     (F. & D. no. 39308. 
Sample no. 24199-C.)
This product was substandard because it did not consist of whole or large 
pieces; and it was not labeled to indicate that it was substandard, but instead 
was labeled "Standard Tomatoes."
On April 2, 1937, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 142 cases of canned tomatoes at Lewiston, 
Idaho, alleging that they had been shipped in interstate commerce on or about 
March 4, 1937, by the Mount Angel Producer's Packing Co., from Mount Angel, 
Oreg., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Can) "Abiqua Brand Standard 
Tomatoes * * * Packed by Mt Angel Producer's Packing Co., Mt. Angel, 
Ore."
It was alleged to be misbranded in that the statement on the cases and cans, 
"Standard Tomatoes", was false and misleading and tended to deceive and 
mislead the purchaser when applied to tomatoes which were substandard; and 
in that it was canned food and fell below the standard of quality and condition 
promulgated by the Secretary of Agriculture 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 the Secretary of Agriculture indicating that it fell 
below the said standard.
On April 28, 1937, no claimant having appeared, judgment of forfeiture 
was entered and it was ordered that the product be destroyed.
H. A. WALLACE, Secretary of Agriculture.