29344. Misbranding of canned tomatoes.    U. S. v. 289 Cases of Tomatoes.    De¬
fault decree of condemnation. Product delivered to a charitable 
organization.    (F. & D. No. 42268.    Sample No. 4541-D.)
This product was substandard because of the presence of excessive peel, and 
it was not labeled to indicate that it was substandard.
On April 28, 1938, the United States attorney for the District of North 
Dakota, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 289 cases of canned tomatoes 
at Bismark, S. Dak.; alleging that the article had been shipped in interstate 
commerce on or about August 25, 1937, by A. W. Sisk & Son from Trappe, Md.; 
and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Pine Cone Brand Tomatoes * * * Albert W. 
Sisk and Son 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 Agri- 
culture, since the tomatoes were unpeeled and the cans did not bear a plain 
and conspicuous statement prescribed by the Secretary of Agriculture indicating 
that it fell below such standard.
On July 27, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered turned over to a charitable 
organization.
HARRY L. BROWN, Acting Secretary of Agriculture.