3754. Misbranding of canned tomatoes.    XJ. S. v. 599 and 998 Cases of Canned To¬
matoes.   Decrees of condemnation.   Product ordered released under bond 
for relabeling.     (F. D. C. Nos. 6978, 7444.   Sample Nos. 90240-E. 90435-E.)
On March 5 and May 4, 1942, the United States attorney for the District of 
Massachusetts filed libels against 1,597 cases, each containing 24 No. 2 cans, of 
tomatoes, at Fall River, Mass., alleging that the article had been shipped 'in 
interstate commerce on or about November 5, 1941, and April 7, 1942, by A. W. 
Sisk & Son from Kingston, and Preston, Md.; and charging that it was mis- 
branded. The article was labeled in part: "Red Ripe Brand Tomatoes * * * 
Packed by C. F. Matthews Kingston, Md."; or "Iona Tomatoes. * * * ' The 
Great Atlantic & Pacific Tea Co. New York, N. Y., Distributors."
It 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 in both brands the peel per pound 
of canned tomatoes covered an area of more than 1 square inch, and in the 
lona brand the blemishes per pound of canned tomatoes covered an area of more 
than % square inch, and the labels failed to bear, in such manner and form as 
the regulations specify, a statement that it fell below such standard.
On April 8 and June 4, 1942, A. W. Sisk & Son, Aberdeen, Md., claimant for the 
Red Ripe brand, and J. Roland Stewart, Cambridge, Md., claimant for the lona 
brand, having admitted the allegations of the libels, judgments of condemnation 
were entered and the product was ordered released under bond conditioned that 
it be relabeled correctly under the supervision of the Food and Drug Admin- 
istration.