2931. Misbranding of canned tomatoes.    IT. S. v. 20 Cases and 36 Cases of Canned
Tomatoes.     Default  decrees.     Product  ordered  delivered  to  charitable 
institutions.     (F. D.  C. Nos.  6183, 6644.    Sample Nos.  42779-E, 48796-E.)
This product fell below the standard of quality for canned tomatoes because 
the drained weight was less than 50 percent of the weight of the water required 
to fill the container.
On or about November 8,1941, and January 7, 1942, the United States attorneys 
for the Western District of Pennsylvania and the Southern District of Florida 
filed libels against 20 cases each containing 24 cans of tomatoes at Mount 
Pleasant, Pa., and 36 cases each containing 24 cans of tomatoes at Miami, Fla., 
alleging that the article had been shipped on or about September 3 and October 7, 
1941, by the H. J. Moran Co. from Baltimore, Md.; and charging that it was 
misbranded. It was labeled in part: (Cans) "Marathon Tomatoes * * * 
Marathon Champion Brand," or "Saint Elmo Brand 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 December 11, 1941, and April 21, 1942, no claimant haying appeared, judg- 
ments of condemnation were entered and the product was ordered delivered,to 
charitable institutions for their use-but not for sale.