10456. Misbranding of canned tomatoes.    IT. S. v. 2,000 Cases    *    *    *.    (F. D. C.
No. 21305.   Sample No. 40477-H.)
LIBEL FILED :   October 24,1946, Eastern District of Missouri.
ALLEGED SHIPMENT :   On or about July 25, 1946, by the Baron Canning Co., from
Westville, Okla. 
PRODUCT:   2,000 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at
St. Louis, Mo. 
LABEL IN PART:    "Baron Brand   Tomatoes."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article fell below 
the standard of quality prescribed for canned tomatoes since it failed to 
-meet the requirement for strength and redness of color and since it con- 
tained excessive tomato peel and blemishes; and its label failed to bear a 
statement, as prescribed by the regulations, that it fell below the standard.
DISPOSITION : December 27, 1946. The Baron' Canning Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond for relabeling in com- 
pliance with the law, under the supervision of the Federal Security Agency.