2013. Misbranding of canned tomatoes.     U.  S. v.  498  Cases and 100 Cases of
Canned Tomatoes. Consent decree of condemnation. Product ordered 
released under bond to be relabeled. (F. D. C. Nos. 4249, 4250. Sample 
No. 22404-E.)
This product was substandard because of low drained weight.
On April 8, 1941, the United States attorney for the Eastern District of New 
York filed a libel against 498 cases, each containing 24 cans, of tomatoes at 
Brooklyn, N. Y., and 100 cases, each containing 24 cans, of the same product at 
Garden City, Long Island, N. Y., alleging that the article had been shipped on or 
about February 14, 1941, by Parrott & Co. from San Francisco, Calif.; and 
charging that it was misbranded. It was labeled in part: (Cans) "Lodi Brand 
Tomatoes    *    *    *    Net Contents 1 Lb. 12 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 May 6, 1941, Parrott & 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.