2930. Misbranding of canned tomatoes.    IT. S. v. 997 Cases of Canned Tomatoes.
Consent decree of condemnation.    Product ordered released under bond 
to be relabeled.    (F. D. C. No. 6048.    Sample No. 79503-B.)
This product was substandard because of the presence of excessive peel.
On October 21, 1941, the United States attorney for the Southern District of 
Ohio filed a libel against 997 cases of canned tomatoes at Columbus, Ohio, alleging 
that the article had been shipped in interstate commerce on or about September 11 
and 13, 1941, by the Jaqua Co. from Winchester, Ind.; and charging that it was 
misbranded. It was labeled in part: "Jaqua Hand Packed Tomatoes Contents 
1 Lb. 12 Oz."
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 because the peel per pound of tomatoes 
in the container covered 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 or about November 24, 1941, the Jaqua Co., 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 relabeled under the super- 
vision of the Food and Drug Administration.