5044. Adulteration of canned tomatoes.   U. S. v. 59 Cases of Canned Tomatoes (and 3 addi¬
tional'seizure actions.'against canned'tomatoes). Default decrees of condemnation 
and destruction. (F. D. C. Nos. 9583, 9698, 9713, 9934. Sample Nos.'8682-F, 33746-F> 
¦38125-F, 38136-F.) 
Examination showed this product to .be sour and decomposed.      .',-.
Between March 22 and May 12, 1943, the United States attorneys for. the Northern 
District of Illinois, the Western District of Pennsylvania, and the; Eastern District 
of Wisconsin filed libels against 59 cases, each containing 24 cans, of tomatoes at 
Chicago, Ill, 188 cases,.each; containing 24 cans, at Pittsburgh, Pa., 65 cases, each 
containing 24 cans, at Oshkosh, Wis., and 41 cases, each, containing 24 cans,^ of" to- 
matoes at Racine, Wis., alleging, that -the, article had. been shipped in interstate com- 
merce within the period from on or about September 3,1942, to January 1^, 1943,,^ 
the Gaston Canning Co. from... Gaston, Ind.;' and charging1 that it was, adulterated 
in that it consisted wholly or in part of, a decomposed substance. The article, was 
labeled in part: (Cans) "Summer Sun Brand Tomatoes," "Monogram Brand To- 
matoes * * * Distributed by the F. B/. Ives Co., Oshkoshy Wis.," or "Dearborn Club 
Tomatoes * * * Franklin MacVeagh and Company   Distributors   Chicago, Hi." .;
Between May 8 and August 7, 1943, no claimant having appeared, judgments "of. 
condemnation were.entered and the product was ordered destroyed.