28641. Misbranding of canned tomatoes.    TJ. S. v. 98 Cases of Canned Tomatoes.
Default decree of condemnation and destruction. (F. & D. No. 40298. 
Sample No. 7499-C.)
This product fell below the standard established by this Department because 
the fruit did not consist of whole or large pieces, and it was not labeled to indicate 
that it was substandard.
On or about September 19, 1937, the United States attorney for the Eastern 
District of Virginia, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 98 cases of 
canned tomatoes at Norfolk, Va., alleging that the article had been shipped in 
interstate commerce on or about August 3, 1937, by the Crockett Canning Co.
from Marshallberg, N. C., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: "Crockett Brand 
Tomatoes * * * Packed by The Crockett Canning Co. Main Office Balti- 
more, Md."
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 the fruit did not consist of whole or large pieces and its package 
or label did not bear a plain and conspicuous statement prescribed by the regu- 
lations of this Department indicating that it fell below such standard.
On March 31, 1938, the answer of the claimant having been withdrawn, judg- 
ment of condemnation was entered and the product was ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.
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