31065. Misbranding of canned tomatoes.    V. S. v. 99 Cases of Canned Tomatoes.
Decree of condemnation and forfeiture.    Product released under bond 
for relabeling.    (F. & D. No. 45585.    Sample No. 75570-D.)
This product was substandard because it was not normally colored, and it 
was not labeled to indicate that it was substandard.
On January 11, 1940, the United States attorney for the Eastern District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel against 99 cases, each containing 24 cans, of tomatoes at 
Alva, Ky.; alleging that the article had been shipped in interstate commerce 
on or about October 18, 1939, by Vannoy & Bailey from Tazewell, Tenn.; and 
charging that it was misbranded. The article was labeled in part: "Powell's 
Mountain Brand Hand Packed 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 Agricul- 
ture, since it was not normally colored, and its package or label did not bear 
a plain and conspicuous statement indicating that it fell below such standard.
On February 24, 1940, Vannoy & Bailey, claimants, having admitted that the 
product was misbranded and having consented to the entry of a decree, judg- 
ment of condemnation and forfeiture was entered and it was ordered that the 
product be released to the claimants under bond, for relabeling.
GROVER B. HELL, Acting Secretary of Agriculture.