2463. Misbranding of eanned tomatoes.    U. S.v. 746 Cases of Canned Tomatoes.
Decree   of  condemnation.    Product  ordered released under bond to be 
relabeled.    (F. D. C. No. 5328.    Sample No. 49653-B.)
This product was substandard because it failed to meet the official test for 
strength and redness of color, and it contained more than 1 square inch of peel 
per pound of tomatoes in the container.
•On or about August 11,1941, the United States attorney for the Western District 
of Louisiana filed a libel against 746 cases, each containing 24 No. 2 cans, of 
tomatoes at Lake Charles, La., alleging that the article had been shipped on or 
about June 19 and 24, 1941, by the Stedman Co. from Orange, Tex.; and charg- 
ing that it was misbranded. It was labeled in part: "Bounty Brand Tomatoes 
¦ *   *¦   *   Packed by Southwest Products Co.   McAllen, Tex."
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 the label failed: to bear 
in such manner and form as the regulations specify, a statement that it fell 
below such standard.
On October 20, 1941, the Southwest Products Co. having appeared as claimant, 
judgment of condemnation was entered and the product was ordered released 
under bond to be relabeled under the supervision of the Food and Drug 
Administration.