28099. Misbranding of canned tomatoes.    U. S. v. 316 Cases of Canned Tomatoes.
Consent decree of condemnation. Product released' under bond for re- 
labeling. (F. & D. Nos. 40130, 40131, 40132. Sample Nos. 43793-C, 43795-C, 
43796-C.)
This product was not normally colored and was not labeled to indicate that 
it was substandard. A portion was falsely labeled as to the State in which it 
was packed.
On August 27, 1937, the United States attorney for the Northern District of 
Florida, acting upon reports by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 316 cases of canned 
tomatoes in various lots at Quincy and Tallahassee, Fla., alleging that the 
article had been shipped in interstate commerce on or about June 9 and 17, 
1937, from Thomasville, Ga., by Allen Packing Co., Inc., and charging mis- 
branding in violation of the Food and Drugs Act as amended. A portion of 
the product was labeled in part: "Palm Beach Gardens Brand Tomatoes * * * 
Allen Packing Co., Inc., Thomasville, Georgia." The remainder was labeled 
in part: "Palm Beach Brand Tomatoes * * * Packed Fresh From the 
Sunny Fields of Florida Sunshine Canning Corporation, Pahokee, Florida, 
Distributors."
It was alleged that the article was misbranded in that it was canned food 
and fell below the standard of quality and condition promulgated by the 
Secretary of Agriculture, since it was not normally colored and its package 
or label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary of Agriculture indicating that it fell below such standard.
Further misbranding was alleged in that the statement appearing on one 
lot, "Packed Fresh From The Sunny Fields of Florida," was false and mis- 
leading and tended to deceive and mislead the purchaser when applied to 
tomatoes which were not packed in Florida, the statement being incorrect 
because the tomatoes were packed at Thomasville, Ga.
On October 20, 1937, Love & Hearin Co. and Higdon Grocery Co., of Quincy, 
Fla., and the Daffin Mercantile Co., of Tallahassee, Fla., claimants, having ad- 
mitted the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation was entered and the product was ordered released 
under bond conditioned that it be relabeled to conform with the law.
HARRY L. BROWN, Acting Secretary of Agriculture.