30730. Misbranding of canned tomatoes.     U. S. v. 389 Cases of Tomatoes.     ProdŽ
uct ordered released under bond to be relabeled.      (F. & D. No. 43090. 
Sample No. 15941-D.)
This product was substandard because it was not normally colored, and it 
was not labeled to indicate that it was substandard.
On July 20, 1938, the United States attorney for the Western District of 
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 389 cases of canned 
tomatoes at Shawnee, Okla.; alleging that the article had been shipped in
interstate commerce on or about June 9, 1988, by Moseley, Markham & Rettinger, 
from Rio Hondo, Tex.; and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: (Cans) "Reba Tomatoes 
*    *    *    Packed by Moseley and Markham."
The article 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 was not normally colored and its package or container 
did not bear a plain and conspicuous statement prescribed by regulation of this 
Department indicating that it fell below such standard.
On September 8, 1938, Moseley & Markham, claimant, having admitted the 
allegations of the libel, judgment was entered ordering that the product be 
released under bond conditioned that it be relabeled in compliance with the law.
HARRY L. BROWN, Acting Secretary of Agriculture.