11968. Adulteration and misbranding of canned tomatoes.    TJ. S. v. 100 Cases
* *    *    .    (F. D. C. No. 21828.   Sample No. 35756-H.)
LIBEL FILED :   December 4,1946, Eastern District of Missouri.
ALLEGED SHIPMENT:   On or about September 25, 1946, by the Alpena Canning
Co., from Cricket, Ark. 
PRODUCT:   100 cases, each containing 24   1-pound, 2-ounce (or 1-pound, 3-ounce)
cans, of tomatoes at St. Louis, Mo. 
LABEL IN PART-:   "Alpena Brand   Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing 
added water had been substituted in whole or in part for canned tomatoes. 
Misbranding, Section 403 (g) (1), the product failed to conform to the 
standard of identity for canned tomatoes since it contained added water, 
which is not a permitted ingredient of canned tomatoes in the definition and 
standard.
DISPOSITION : March 21,1947, J. A. Center, Maxine Center Pettit, and William M. 
Center, co-partners, claimants, having consented to the entry of a decree, 
judgment of condemnation was entered and the product was ordered released 
under bond to be relabeled, under the supervision of the Food and Drug Ad- 
ministration, by the addition to the label of the statement "with 25% water 
added."