2008. Misbranding of canned tomatoes. U. S. v. 646 Cases of Canned Tomatoes. 
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.     (F. D. C. No. 5192.    Sample No.' 46379-E.)
This product was substandard because of excessive peel and blemishes. It 
also contained the optional ingredient added strained tomatoes which were not 
declared on the label.
On July 22, 1941, the United States attorney for the Eastern District of New 
York filed a libel against 646 cases, each containing 24 cans, of tomatoes at 
Brooklyn, N. Y., alleging that the article had been shipped on or about June 
19, 1941, by Apte Bros. Canning Co., Terra Ceia, Fla.; and charging that it was 
misbranded. It was labeled in part: (Cans) "Park Lane Tomatoes Contents 
1 Lb. 11 Oz."
The article was alleged to be misbranded (1) in that it purported to be a 
food for which a definition and standard of identity had been prescribed by 
regulations as provided by law, and its label failed to bear the common name 
of the optional ingredient present in such food, namely, "Added Strained' 
Tomatoes"; and (2) 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 failed to bear in such manner and 
form as the regulations specify, a statement that it fell below such standard.
On August 5, 1941, Apte Bros. Canning Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond conditioned that it be relabeled under the 
supervision of the Food and Drug Administration.