4194. Misbranding of canned tomatoes.   U. S. v. 178 Cases of Canned Tomatoes.
Default decree of condemnation.    Product ordered delivered to a
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itable institution.   (F. D. C. No. 7619.   Sample No. 25681-F.)
On or about July 20, 1942, the United States attorney the Northern Dis- 
trict of Alabama filed a libel against 178 cases, each containing 24 cans, of 
tomatoes at Birmingham, Ala., alleging that the article had been shipped in 
interstate commerce on or about June 9, 1942, by Markham & Russell Canning 
Co. from Deep Lake, Fla.; and charging that it was misbranded. The article 
was labeled in part: "Oak Hill Brand Tomatoes."
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 since the peel, per pound canned 
tomatoes in the container, covered an area of more than 1 square inch, and its 
label failed to bear, in such manner and form as the regulations specify, a 
statement that it fell below such standard.
On October 8, 1942, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to a charitable, 
institution for its own use and not for resale.