28849. Misbranding of canned tomatoes.   U. S. v. 310 Cases of Canned Tomatoes.
Consent  decree  of  condemnation.     Product  released  under  bond  for 
relabeling;.    (F. & D. No. 40956.'   Sample No. 47554-C.)
This product fell below the standard for tomatoes established by this Depart- 
ment since it consisted of tomatoes with puree from trimmings, and its label 
did not bear a statement of that fact
On November 29,1937, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 310 cases of canned tomatoes 
at Cleveland, Ohio, alleging that the article, bad been shipped in interstate 
commerce on or about October 13, 1937, from Point Isabel, Ind., by the Fettig 
Canning Corporation, Point Isabel, Ind., and charging misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Maytime Brand 
Choice Quality Tomatoes * * * Merchants Grocery Co., Cleveland and 
Akron, O., Distributors."
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 of such canned food, in that it consisted of tomatoes with puree from trim- 
mings and did not bear the statement "tomatoes with puree from trimmings," 
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.
On April 11, 1938, the Fettig Canning Corporation, claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation was entered and the product was ordered released under 
bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.