10454. Adulteration and misbranding of canned tomatoes. TJ. S. v. 74 and 698 Cases * * *. (F. D. C. Nos. 21664, 21676. Sample Nos. 1699-H, 3763-H.) LIBELS FILED : November 22 and 25, 1946, Middle District of North Carolina. ALLEGED SHIPMENT: On or about July 25 and August 27, 1946, by Taylor & Sledd, Inc., from Richmond, Va. PRODUCT: 74 cases and 698 cases, each case containing 24 1-pound, 3-ounce cans, of tomatoes at Concord and Burlington, N. C, respectively. LABEL, IN PART : "Kinsale Brand Tomatoes * * * Packed by Kinsale Can- ning Co. Kinsale, Va.," or "Green Vale Brand * * * Tomatoes Packed by B. E. Dobyns Monaskon, Va." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), (Burlington lot) the article consisted in whole or in part of a decomposed substance by reason of the presence of decomposed tomato material. Misbranding, Section 403 (h) (1), (Concord lot) the article fell below the standard of quality for canned tomatoes by reason of an excess of tomato peel. DISPOSITION:- December 27, 1946, and January 17, 1947. Taylor & Sledd, Inc., claimant for the Concord lot, having consented to the entry of a decree, and no claimant having appeared for the Burlington lot, judgments of condemnation were entered. It was ordered that the Concord lot be released under bond for relabeling under the supervision of the Federal Security Agency, and that the Burlington lot be destroyed.