3344. Misbranding of canned tomatoes.    V. S. v. 87 Cases of Canned Tomatoes.
Consent decree ordering product released under bond to be relabeled.
(F. D. C. No. 6886.   Sample No. 80109-E.)
Examination showed that this product was not of Fancy or Grade A quality, as 
indicated by the labeling, but was standard or Grade C because of poor color and 
workmanship. Nearly all of the tomatoes were cut very deeply in coring, allowing 
more breakdown than found in Fancy or Grade A canned tomatoes.
On February 18, 1942, the United States attorney for the Northern District of 
Ohio filed a libel against 87 cases, each containing 24 cans, of tomatoes at Cleve- 
land, Ohio, alleging that the article had been shipped in interstate commerce on 
or about October 14,1941, by Butler Produce & Canning Co. from Butler, Ind.; and 
charging that it was misbranded. The article was labeled in part: (Cans) "Con- 
tents 1 Lb. 12 Oz. A-1 Tomatoes Packed Exclusively for A-1 Food Products Co. 
Cleveland, Ohio A-1 Brand is your guarantee of the Finest Quality."
The article was alleged to be misbranded in that the statements "A-1" and 
"Finest Quality" were false and misleading as applied to an article that was not 
of Fancy or Grade A quality because of poor color and workmanship.
On March 31, 1942, Sahley Groeery Co., Cleveland, Ohio, claimant, having 
admitted the allegations of the libel, judgment was entered finding the product 
\ misbranded and ordering that it be released under bond to be relabeled under the 
/ supervision of the Food and Drug Administration.