28122. Misbranding of canned tomatoes.     U. S. v. 85 Cases and 1,500 Cases of
Canned  Tomatoes.    Decrees   of   condemnation.     Portion   ordered   sold 
by marshal, remainder released under bond to be relabeled.    (F. & D.
Nos. 39205, 41009.    Sample Nos. 30752-C, 53525-C.)
This product was substandard, since a portion of it was not normally colored 
and the remainder did not consist of whole or large pieces and was not nor- 
mally colored or flavored; and it was not labeled to indicate that it was sub- 
standard.
On March 12 and December 4, 1937, the United States attorneys for the 
Western and Southern Districts of Texas, acting upon reports by the Secretary 
of Agriculture, filed in their respective district courts libels praying seizure 
and condemnation of 85 cases of canned tomatoes at El Paso, and 1,500 cases 
of canned tomatoes at Houston, Tex., alleging that the article had been shipped 
in interstate commerce on or about December 14, 1935, January 17, 1936, and 
October 6, 1937, by. Albert W. Sisk & Son from Baltimore, Md., and charging 
misbranding in violation of the Food and Drugs Act as amended. A portion 
of the article was labeled: "Valley Brand Hand Packed Tomatoes Packed for 
the Valley Packing Co. Hatch, New Mexico." The remainder was labeled: 
"Red-Glo Tomatoes—Albert W. Sisk & Son Distributors—Not Manufacturers 
Preston and Aberdeen Maryland."
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 a portion of it was not normally colored and the remainder did 
not consist of whole or large pieces and was not normally colored or flavored; 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by the Secretary of Agriculture indicating that it fell below such 
standard.
On November 3, 1937, Lord-Mott Co., Baltimore, Md., the intervenor in the 
proceeding instituted at El Paso, Tex., having withdrawn its appearance, judg- 
ment of condemnation was entered and the product was ordered sold by the 
United States marshal.
On January 24, 1938, A. W. Sisk & Son, having appeared as claimant in the 
other proceeding and having admitted the allegations of the libel, judgment of 
condemnation was entered and the product was ordered released to claimant 
under bond conditioned that it be relabeled under the supervision of this 
Department
HARRY L. BROWN, Acting Secretary of Agriculture.