27868. Misbranding of canned tomatoes.    U. S. v. 98 Cases of Tomatoes.    Decree
of condemnation.    Product released under bond for relabeling.    (F. & D.
No. 40160.    Sample No. 43677-C.)
This product fell below the standard established by this Department because 
it was not normally colored, and it was not labeled to indicate that it was 
substandard.
On or about August 21, 1937, the United States attorney for the Southern 
District of Georgia, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 98 cases of 
tomatoes at Savannah, Ga., alleging that they had been shipped in interstate 
commerce on or about July 16, 1937, by the Polk Cannery from Beaufort, S. C, 
and charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: (Cans) "Sea Island Brand Tomatoes * * * The Polk 
Cannery Beaufort, S. C."
The article 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 
Agriculture for such canned food in that it was not normally colored, and its 
package or label did not bear a plain and conspicuous statement prescribed by 
regulations of this Department indicating that it fell below such standard.
On September 30, 1937, N. M. Polk, trading as the Polk Cannery, claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond conditioned that it be 
relabeled in accordance with the law.
HARRY L. BROWN, Acting Secretary of Agriculture.