2929. Misbranding of canned tomatoes.    TJ. S. v. 322 Cases of Canned Tomatoes.
Consent decree of condemnation.    PrOduet released under bond for re- 
labeling.    (F. D. C. No. 6175.    Sample No. 87103-E.)
This product was substandard in quality because of excessive peel.
On November 5, 1941, the United States attorney for the District of Columbia
filed a libel against 322 cases of canned tomatoes at Washington, D. C, alleging
that the article had been shipped in interstate commerce on or about October 9, 
1941, by J. W. Welch Co., Inc., from Downings, Va.; and charging that it was 
misbranded. The article was labeled - in part: (Cans) "Evenripe Brand 
Tomatoes."
It 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 because the peel per pound of tomatoes 
in the container covered an area of more than 1 square inch, and its label failed 
to bear, in such manner and form as the regulations specify, a statement that 
it fell below such standard.
On November 24, 1941, J. W. Welch Co., Inc., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and the product was ordered released under bond 
for relabeling under the supervision of the Food and Drug Administration.