1145. Misbranding of canned tomatoes.    U. S. v. 31 Cases of Canned Tomatoes.
Default  decree  of condemnation  and destruction.     (F.   D.  C.  No.  2691. 
Sample No. 20122-E.)
This product was substandard because it contained excessive peel, and such 
fact was not indicated in the labeling.
On August 26, 1940, the United States attorney for the Middle District of 
Georgia filed a libel against 31 cases of canned tomatoes at Thomasville, Ga.,
alleging that the article had been shipped in interstate commerce on or about 
July 11, 1940, by the Mitchell Canneries, Inc., from Fort Meade, Fla.; and 
charging that it was misbranded. It was labeled in part: (Cans) "Crimson 
Tide Brand Tomatoes."
The article was alleged to be misbranded in that it purported to be a food for 
which a standard of quality had been prescribed by regulations as provided by 
law; but its quality fell below such standard, and its label did not bear in 
such manner and form as the regulations specify, a statement that it fell below 
such standard.
On October 1, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.