2014. Misbranding of canned tomatoes.     IT. S. v. 100 Cases of Canned Tomatoes.
Default decree of condemnation. Product ordered delivered to a chari- 
table organization.     (F. D. C. No. 4289.    Sample No. 56393-E.)
This product, which was labeled Grade A, was found to consist of Grade B 
tomatoes.
On April 10, 1941, the United States attorney for the District of New Jersey 
filed a libel against 100 cases, each containing 24 cans, of tomatoes at Newark, 
N. J., alleging that the article had been shipped in interstate commerce on or 
about February 13, 1941, by Olney & Carpenter, Inc., from Wolcott, N. Y.; and 
charging that it was misbranded. , It was labeled in part: (Cans) "Grade A 
AP Vine Ripened Tomatoes Net Wt. 1 Lb. 12 Oz."
The article was alleged to be misbranded in that the statement "Grade A" 
was false and misleading as applied to Grade B tomatoes.
On August 15, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable organization.