30119. Misbranding of canned tomatoes.    V. S. v. 788 Cases of Canned Toma¬
toes.    Default decree of condemnation.    Product sold to a charitable 
institution for a nominal sum.    (F. & D. No. 44358.    Sample No. 5466-D.)
This product was substandard because it was not normally colored, and it 
was not labeled to indicate that it was substandard.
On November 15, 1938, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 788 cases of canned 
tomatoes at Dallas, Tex.; alleging that the article had been shipped in interstate 
commerce on or about September 8,1938, by Gassville Canning Co. from Pindall, 
Ark.; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Red Chief Brand Hand Packed Tomatoes * * * 
Packed by Jones Canning Company, Green Forest, Ark."
The libel alleged that the article was not normally colored and was misbranded 
in that it was below the standard of quality and condition promulgated by the 
Secretary of Agriculture, and its package or label did not bear a plain and 
conspicuous statement prescribed by the Secretary indicating that it fell below 
such standard.
On January 9, 1939, no claimant having appeared, judgment of condemnation 
and destruction was entered. On January 11, 1939, an amended decree was 
entered ordering that the product be sold to a charitable institution for a nominal 
sum, conditioned that it be used solely for charitable purposes.
HARRY L. BROWN, Acting Secretary of Agriculture.