5043. Adulteration of canned tomatoes.    U. S. v. 1,997 Cases of Canned Tomatoes.    Consent
decree of condemnation.: Product ordered released under bond for segregation and 
destruction of the unfit portion.    (F. D. C. No. 8449.    Sample No. 4800-F.)
This product contained decomposed material as.evidenced by the presence of mold.
On October. 3, 1942, the United States attorney for the Southern District of Ohio 
filed a libel against 1,997 cases of canned tomatoes at Cincinnati, Ohio, which had 
been consigned within the period from on ot aboiit August .18 to 31, 1942, .alleging 
that the article had been shipped by the Shelby Packing.Co. from Shelb^ilje, Ind,; 
and charging that it was adulterated in that it consisted in whole or in part of a 
decomposed substance. The article was labeled in part: (Cans) "Shelby Brand 
Tomatoes' with. Added Tomato*JuiceA ^   ¦;;'     ¦;:\\:'jJ% ;;'75.'f\.,::.;'' ';¦'¦ **;   ¦'    ;?:'*;
Oh July 30,' 1943,:' the? Bhelby Packing Co. having appeared' "as' claimant; arid hav- 
ing admitted the allegations of the libel and consented to the entry of a decree; judg- 
ment of condemnation was entered and the product was ordered1 released under bond 
for separation of the fit portion from the unfit portion and destruction of the latter 
under the supervision of the Food and Drug Administratiofi.   ^;' ,"¦'"