28902. Misbranding of canned tomatoes.    U. S. v. 99 Cases of Canned Tomatoes.
Consent decree of condemnation.   Product ordered released under bond 
for relabeling.   (F. & D. No. 41554.   Sample No. 3107-D.)
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 indi- 
cate that it was substandard.
On January 29, 1938, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 99 cases of canned tomatoes at 
Portland, Oreg., alleging that the article had been shipped in interstate com- 
merce on or about January 15, 1938, by California Conserving Co. from Oak- 
land, Calif., and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Alameda Brand Tomatoes with Puree from 
Trimmings * * * Packed by California Conserving Co. Incorporated San 
Francisco."
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 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 Secre- 
tary of Agriculture indicating that it fell below such standard.
On April 11, 1938, the California Conserving Co., Inc., having appeared and 
having consented, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it be relabeled under the super- 
vision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.