5235. Misbranding of canned tomatoes.    U. S. v. 560 Cases of Canned Tomatoes.
Decree of condemnation.    Product ordered released under bond for re- 
labeling.    (F. D. C. No. 9842.    Sample Nos. 30978-F, 30980-F.)
On May 1, 1943, the United States attorney for the Western District of Wash- 
ington filed a libel against 560 eases, each containing 6 No. 10 cans, of tomatoes 
at Seattle, Wash., alleging that the article had been shipped in interstate com- 
merce on or about February 24, 1943, by Ensher, Alexander & Barsoom, Inc., 
from Isleton, Calif.; and charging that it was misbranded. The article was 
labeled in part:  (Cans) "Zuyder Zee Tomatoes."
The article was alleged to be misbranded (1) in that it purported to be and 
was represented as a food for which a,standard of quality had been prescribed 
by regulations promulgated pursuant to law and its quality fell below such 
standard since the drained weight of the contents of the container, as determined 
by the method prescribed in the standard, was less than the drained weight 
required by the standard; and (2) its label failed to bear, in such manner and 
form as the regulations specify, a statement that it fell below such standard.
On June 21, 1943, the American Wholesale Grocery Co. of Seattle, Wash., hav- 
ing appeared as claimant, judgment of condemnation was entered and the 
product was ordered released under bond for relabeling under the supervision 
of the Food and Drug Administration. /