28533. Misbranding of canned tomatoes.     U.  S. v. 374 Cases and 209 Cases of
Tomatoes.    Decree of condemnation.    Product released under bond to 
be relabeled.     (F. & D. Nos. 41027, 41028.    Sample Nos. 47287-C, 47288-C.)
This product was substandard because the tomatoes were not normally col- 
ored, and it was not labeled to indicate that it was substandard. 
'
On December 6, 1937, the United States attorney for the Eastern District 
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 583 cases of to- 
matoes at Middlesboro, Ky., consigned on or about August 20 and September 
17, 1937, alleging that the article had been shipped in interstate commerce by 
R. O. Giles from Tazewell, Tenn., and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Fairfax Hall Brand 
* * * Tomatoes Packed For Wholesale Grocers Exchange, Inc. Rich- 
mond, Va."
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 Agricul- 
ture, since the tomatoes were not normally colored and its package or label did 
not bear a plain and conspicuous statement prescribed by the Secretary indi- 
cating that such canned food fell below such standard.
On January 10, 1938, R. O. Giles having appeared as claimant, 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 De- 
partment.
W. R. GEEGG, Acting Secretary of Agriculture.