10459. Misbranding of canned tomatoes.    U. S. v. 500 Cases    *    *    *.    (F. D. C.
No. 21941.   Sample No. 49652-H.)
LIBEL FILED :   December 10,1946, Eastern District of Texas.
ALLEGED SHIPMENT: On or about December 9, 1946, by the Thomas & Drake. 
Canning Co., from Fayetteville, Ark.
PRODUCT: 500 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
at Paris, Tex.
LABEL IN PART: "Elm Tomatoes * * * Distributed by Thomas"& Drake 
Canning Co. Fayetteville, Arkansas," or "Dubon Tomatoes * * * Distr. 
by Dubon Co.   New Orleans   La."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article fell below the 
standard of quality prescribed for canned tomatoes, both as to drained weight of 
content of container and as to strength and redness of color, and the label failed 
to bear a statement that it fell below such standard.
DISPOSITION : January 6,1947. Eubanks Brothers, Fayetteville, Ark., claimant, 
having consented to the entry of a decree, judgment of condemnation was en- 
tered and the product was ordered released under bond, conditioned that it 
be relabeled under the supervision of the Federal Security Agency.