81044. Misbranding of canned tomatoes.    V. S. v. 71 Gases of Tomatoes. Default
decree of condemnation and destruction.    (F.  & D. No. 45567.    Sample 
No. 61128-D.)
This product was substandard because it was not normally colored and 
contained excessive peel and blemishes, and it was not labeled to Indicate that 
It was substandard.
On October 9, 1739, the United States attorney for the Southern District 
of Mississippi, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 71 cases of 
canned tomatoes at Picayune, Miss.; alleging that the article had been shipped 
in interstate commerce on or about July 31, 1939, by John T. Hall from New 
Orleans, La.} and charging misbranding in violation of the Food and Drugs 
Act   The article was labeled in part: "Ret Brand Tomatoes."
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 in that the fruit was not normally colored, it was not peeled nor trimmed, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by regulation of this Department indicating that It fell below such 
standard.
On February 20, 1940, no claimant having appeared, judgment of condemna- 
tion ;was entered and the product was ordered destroyed.
GROVER B. HILL, Acting Secretary of Agriculture.