29479. Misbranding of canned tomatoes with puree from trimmings.    J. S. v.
212 Cases of Tomatoes. Consent decree of condemnation with pro- 
vision for release under bond. (F. & D. No. 42907. Sample Nos. 23480-D, 
23504-D.)
This product fell below the standard established by this Department because 
the fruit units did not consist of whole or large pieces, and it was not labeled to 
indicate that it was substandard.
On June 23,1938, 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 212 cases of canned tomatoes with puree 
from trimmings at Portland, Oreg.; alleging that the article had been shipped in 
interstate commerce on or about March 5, 1938, by California Conserving Co. 
from San Francisco, 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."
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 units did not consist of whole or large pieces, and its pack- 
age or label did not bear a plain and conspicuous statement prescribed by the 
Secretary indicating that it fell below such standard. '
On or. about September 1, 1938, the California Conserving Co. having ap- 
peared as claimant and having consented to the entry of a decree, judgment of 
condemnation was entered. The decree provided, however, that the product 
might be released under bond conditioned that it not be sold or disposed of 
contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.