28839. Misbranding of tomatoes with puree from trimmings.    17. S. v. 700 Cases
and  30O Cartons of Tomatoes with Puree from Trimmings.    Consent 
decrees of condemnation.    Product released under bond to be relabeled.
(F. & D. Nos. 41896, 41898.   Sample Nos. 303-D, 327-D.)
This product fell below the standard established by this Department, because 
it did not consist of whole or large pieces of tomatoes, and it was not labeled to 
indicate it was substandard. The labeling of one lot also bore a false and 
misleading statement of the quantity of contents.
On March 3 and 5, 1938, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 1,000 cases of tomatoes 
with puree from trimmings at New York, N. Y., alleging that the article had 
been shipped in interstate commerce by the Meer Canning Co., Inc., on or 
about January 28 and 30, 1938, from Burbank, Calif.,' and charging misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: "Red 
Head Brand * * * Tomatoes with Puree from Trimmings * * * Packed 
By Meer Canning Co., Inc., Burbank, Calif."; or "Helwick's Brand Tomatoes 
with Puree from Trimmings   *   *   *   Packed for Helwick Bros. Yonkers, N. Y."
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 for such canned food, since it did not consist of whole or large pieces, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by the Secretary of Agriculture indicating that such canned food fell 
below such standard. One lot was alleged to be misbranded further in that it 
was food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package, since the quantity stated 
was not correct.
On March 29, 1938, Meer Canning Co., Inc., claimant, having admitted the 
allegations of the libels and having consented to the entry of decrees, judgments 
of condemnation were entered and the product was ordered released under bond 
conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.