30717. Misbranding of canned tomatoes.    V. S. v. 70 Cases of Canned Tomatoes.
Default decree of condemnation.    Product ordered delivered to a chari- 
table agency.    (F. & D. No. 45270.    Sample No. 66450-D.)
This product was substandard because it did not consist of whole or large 
pieces, and it was not labeled to indicate that it was substandard.
On May 4, 1939, the United States attorney for the Western District of Okla- 
homa, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 70 cases of canned tomatoes 
at Blackwell, Okla.; alleging that the article had been transported in interstate 
commerce on or about February 15, 1939, from Berryville, Ark., by Berryville 
Supply Co.; and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Mountain Brand Hand-Picked Tomatoes 
*   *   *   Packed For Berryville Supply Co., Berryville, Ark."
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 Agriculture, 
since it did not consist of whole or large pieces, and its package or label did not 
bear a plain and conspicuous statement prescribed by regulation of this Depart- 
ment indicating that it fell below such standard.
On June 10,1939, no claimant having appeared, judgment of condemnation was 
entered  and  the  product was  ordered  delivered  to  a  charitable  agency.
HARRY L. BROWN, Acting Secretary of Agriculture.