1775. Misbranding of canned tomatoes.    IT. S. v. 349 Cases of Canned Tomatoes.
Consent decree of condemnation.     Product released under bond for re- 
labeling.    (F. D. C. No. 3932.   Sample No. 8217-E.)
This product contained added strained residual tomato material from prepa- 
ration for canning and was not properly labeled to indicate that fact.
On March 7, 1941, the United States attorney for the District of Minnesota 
filed a libel against 349 cases of canned tomatoes at Bemidji, Minn., alleging 
that the article had been shipped in interstate commerce on or about September 
IS, 1940, by the Gas City Canning Co. from Gas City, Ind.; and charging that 
it was misbranded. The article was labeled in part: (Cans) "Golden Valley 
Tomatoes."
The article was alleged to be misbranded in that it purported to be canned 
tomatoes, a food for which a definition and standard of identity had been 
prescribed by regulation as provided by law, and its label failed to bear the 
common name of the optional ingredients, "added strained residual tomato 
material from preparation for canning," present in such foQd.
On April 10, 1941, the Nash Finch Co., of Bemidji, Minn., claimant, having 
admitted the allegations of libel, judgment of condemnation was entered and 
the product was released under bond conditioned that it be relabeled to comply 
with the law.