2753. Misbranding of canned tomatoes.    U. S. v. 289 Cases of Canned Tomatoes.
Deeree  of condemnation.    Product ordered released under bond to be 
relabeled.    (F, D. C. No. 3607.    Sample No. 35459-E.)
Examination showed that this product was substandard because of low 
drained weight, poor color, and excessive peel.
On January-2, 1941, the United States attorney for the Western District of 
Louisiana filed a libel against 289 cases, each containing 48 10-ounce cans, of 
tomatoes at Shreveport, La., alleging that the article had been shipped on or 
about August 23, 1940, by J. M. Bohannon Canning Co. from Carthage, Tex.; 
and charging that it was misbranded. It was labeled in part: "Bohannon 
Tomatoes."
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 June 9, 1941, J. M. Bohannon Canning Co. having appeared as claimant, 
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.