11457. Misbranding of canned tomatoes.   U. S. v. 600 Cases   *   *   *.    (F. D. C. No.
20729.   Sample No. 41937-H.)
LIBEL FILED :   August 15,1946, Eastern District of Virginia.
ALLEGED SHIPMENT : On or about July 2 and 6, 1946, by Sunrise Products, Inc., 
from Fort Pierce, Fla.
PRODUCT: 600 cases, each containing 24 cans, of tomatoes at Richmond, Va. 
Examination showed that the article was short-weight; that the drained 
weight was less than 50 percent of the weight of the water required to fill the 
container; and that the containers were filled to less than 90 percent of their 
capacity.
LABEL IN PART : "Pure Food Brand Tomatoes Contents 1 Lb. 3 Oz. Thomas 
Roberts & Co., Distributors, Philadelphia, Pa."
?See also No. 11310.
failed to contain an accurate statement of the quantity of the contents; 
Section 403 (h) (1), the article fell below the standard of quality for canned 
tomatoes with respect to the drained weight; and, Section 403 (h) (2), it 
fell below the standard of fill of container. The labels failed to bear state- 
ments that the article fell below the standard of quality and fill of container.
DISPOSITION: September 6, 1946. Thomas Roberts & Co., Philadelphia, Pa., 
claimant, having admitted the allegations of the libel, judgment of condemna- 
tion was entered and the product was ordered released under bond for relabel- 
ing under the supervision of the Food and Drug Administration.