3341. Misbranding of canned spinacb.   V. S. v. 749 Cases of Canned Spinach.   Con¬
sent decree of condemnation.   Product ordered released under bond to be 
relabeled.    (F. D. C. No. 6726.    Sample No. 90415-E.)
Examination showed that this product was not of Fancy quality, as labeled.
On January 19,1942, the United States attorney for the District of Rhode Island 
filed a libel against 749 cases, each containing 24 cans, of spinach at Providence, 
R. I., alleging that the article had been shipped in interstate commerce on or about 
December 11, 1941, by Deerfield Packing Corporation from Bridgeton, N. J.; and, 
charging that it was misbranded. It was labeled in part: (Cans) "Finast Brand 
Fancy Spinach Net Weight 1 Lb. ll Oz. First National Stores Inc. Distributors 
Somerville, Mass."
The article was alleged to be misbranded in that the term "Fancy" was false 
and misleading as applied to an article that was not of Fancy quality because of 
long stems, yellow leaves, a few roots, flowering heads, weeds or grass, and grit 
or sand.
On February 26, 1942, First National Stores, Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond to be relabeled under the supervision 
of the Food and Drug Administration.
TOMATOES AND TOMATO PRODUCTS