6752. Misbranding of canned tomatoes.    TJ. S. v. 1,245 Cases and 1,797 Cases of
Canned Tomatoes. Consent decree of condemnation. Product ordered 
released under bond to be relabeled. (F. D. C. No. 11548. Sample Nos. 
35547-F, 35548-F.)
LIBEL FILED:    January 1, 1944, Western District of North Carolina.
ALLEGED SHIPMENT:    On or about September 10 and 23, 1943, by the W. H.
Killian Co., from Baltimore, Md. 
PRODUCT: 3,042 cases, each containing 24    1-pound, 3-ounce cans, of tomatoes
at Charlotte, N. C. 
Examination showed some of* the product to be grade C tomatoes.
LABEL IN PART: (Cans) "Sultana Grade B Tomatoes * * * The Great 
Atlantic & Pacific Tea Co., New York, N. Y., Distributors."
VIOLATION CHARGED: Misbranding, Section 403 (a), the statement "Grade B," 
which appeared on the label of the article, was false and misleading as applied 
to the product, which fell below that quality grade.
DISPOSITION: March 11, 1944. The W. H. Killian Co. having admitted^ the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of the 
Food and Drug Administration.