2010. Misbranding of canned tomatoes.     U. S. v. 596 Cases of Canned Tomatoes.
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.     (F. D. C. No. 3637.    Sample No. 16593-E.)
Examination showed that this product was substandard because of excessive 
peel and excessive blemishes.
On January 9, 1941, the United States attorney for the District of Nebraska 
filed a libel against 596 cases, each containing 24 cans, of tomatoes at Omaha, 
Nebr., alleging that the article had, been shipped on or about September 3, 1940, 
by Ed Melnick Canning Co. from Reeds Spring. Mo.; and charging that it was 
misbranded. It was labeled in part: (Cans) "Big League Brand Tomatoes 
*    *    *¦   Contents 1 Lb. 3 Oz."
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 failed to bear in such 
manner and form as the regulations specify, a statement that it fell below such 
standard.
On April 4, 1941, Ed Melnick, trading as Ed McCormick Canning Co., claim- 
ant, 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.