3342. Misbranding of canned tomatoes.    U. S. v. 57 Cases of Canned Tomatoes.
Default  decree  of  condemnation and destruction.     (F.  D.  C.  No.  6339, 
Sample No. 48970-E.)
Examination showed that this product was substandard in quality because the 
peel, per pound of canned tomatoes in the container, covered an area of more than 
1 square inch.
On or about December 27, 1941, the United States attorney for the Eastern 
District of South Carolina filed a libel against 57 cases, each containing 24 No. 2 
cans, of tomatoes at Columbia, S. C, alleging that the article had been shipped in 
interstate commerce on or about August 6, 1941, by Burke County Packing Cor- 
poration from Waynesboro, Ga.; and charging that it was misbranded. It was 
labeled in part: (Cans) "Briar Creek 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 January 21,1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed. It was disposed of as hog 
feed.