28755. Misbranding of canned tomatoes.    U. S. v. 49 Cases of Canned Tomatoes.
Consent   decree   of   condemnation.     Product   ordered   delivered   to   a 
charitable institution.     (F. & D. No. 41646.    Sample No. 794-D.)
This product was substandard because it was not normally colored and was 
not labeled to indicate that it was substandard.
On February 12, 1938, the United States attorney for the Western District 
of South Carolina, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 49 cases of 
canned tomatoes at Greer, S. C, alleging that the article had been shipped in 
interstate commerce on or about January 10, 1938, from Dandridge, Tenn., by 
Bush Bros. & Co., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Bush Bros. & Co., Canners and Dis- 
tributors, Dandridge, Tenn."
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, since it was not normally colored and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary indicating 
that it fell below such standard. It was alleged to be misbranded further in 
that the statement on the cans, "Bush's Best Tomatoes * * * Extra Quality 
Canned Foods," was false and misleading and tended to deceive and mislead 
the purchaser.
On February 28, 1938, the claimants having admitted the allegations of the 
libel and having consented to the entry of a decree, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.