5045. Misbranding of canned tomatoes.    U. S. v. 898 Cases of Canned Tomatoes.    Decree of
condemnation.    Product ordered released under bond for relabeling.    (F. D.  C. No
:    9380. ':Sample,;.No.;19062-?F.X.,.;.;,       ; ^. .,';   ' , . .  ' .' 
On February 15, 1943, the United States attorney for the District of Massachu- 
setts filed a libel against 898 cases, each containing 24 cans, of tomatoes at Boston, 
Mass., alleging that the article had been shipped in interstate commerce on or about 
September 25, 1942> by Albert W. Sisk & Son, from Trappe, Md.; arid changing 
that-it was misbranded. The article was labeled in part: (Cans) "Pine Cone Brand 
Tomatoes." 
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The article was alleged to be misbranded in that it purported to be a food for 
which a standard of quality had been prescribed by regulation as provided by law, 
but its quality fell below such standard because the peel per pound of canned toma- 
toes in the container covered anarea of more than 1 square inch; and its label failed 
to bear, in such manner and form as the regulation specify, a statement that it fell 
below the standard.
On April 20; 1943, J.. Roland Stewart of Trappe, Md.y having appeared, as claima- 
nt and having admitted the allegations of the libel judgment of condensation' was 
entered and the product was ordered released under bond iof relabeling under the 
supervision of the Food and Drug Administration. 
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