2754. Misbranding of canned tomatoes.    U. S. v. 298 Cases of Canned Tomatoes.
Consent decree of condemnation.    Product ordered released under bond 
for relabeling.    (F. D. C. No. 4953.    Sample No. 22173-B.)
Examination showed that this product was not Fancy because of the mushy 
condition of the tomatoes, lack of uniformity of color, and presence of peel 
and core.
On June 18, 1941, the United States attorney for the District of New Jersey 
filed a libel against 298 cases of canned tomatoes at Newark, N. J., alleging that 
the article had been shipped in interstate commerce on or about May 9, 1941, by 
Turlock Cooperative Growers from Modesto, Calif.; and charging that it was 
misbranded. It was labeled in part: "Madonna Fancy Solid Pack Peeled 
Tomatoes * * * Packed by Riverbank Canning Company, Riverbank, Cali- 
fornia."
The article was alleged to be misbranded in that the term "Fancy" was false 
and misleading as applied to an article that was not Fancy because of the 
mushy condition of the tomatoes, lack of uniformity of color, and presence of 
peel and core.
On October 29, 1941, the Riverbank Canning Co. of New York, N. Y., 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 
properly relabeled under the supervision of the Food and Drug Administration.
OTHER FRUIT AND VEGETABLE PRODUCTS