31067. Misbranding of canned tomatoes.   U. S. v. 223 Cases of Canned Tomatoes.
Decree of condemnation and forfeiture.    Product released under bond 
for relabeling;.    (F. & D. No. 45589.    Sample No. 75568-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 223 cases, each containing 24 cans, of tomatoes 
at Harlan, Ky.; alleging that the article had been shipped in interstate com- 
merce on or about August 11, 1939, by the L.  S.  Sloat Canning Co.  from
Morrlstown, Tenn.; and charging that it was misbranded. The article was 
labeled in part: "White's Best Brand Tomatoes * * * T. B. White Canning 
Company, Whitesburg, Tenn."
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, since it was not normally colored, and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary of Agri- 
culture indicating that it fell below such standard.
On February 15, 1940, the T. B. White Canning Co., Whitesburg, Tenn., 
having appeared as claimant and having admitted the allegations of the 
libel, judgment of condemnation and forfeiture was entered and it was 
ordered that the product be released under bond for relabeling.
GROVER B. HILL, Acting Secretary of Agriculture.