12169. Adulteration and misbranding of canned tomatoes.    IT. S. v. 120 Cases
* *    *.    (F. D. C. No. 22598.    Sample No. 67571-H.)
LIBEL FILED :   March 4,1947, Western District of Oklahoma.
ALLEGED SHIPMENT : On or about September 21, 1946, by the Marshfleld Supply 
Co., from Marshfleld, Mo.
PRODUCT: 120 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
at Enid, Okla.
LABEL IN PART :   "Ozark Chief 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 article failed to conform to the 
definition and standard of identity prescribed for canned tomatoes, since it 
contained added water, which is not a permitted ingredient of canned tomatoes.
DISPOSITION: April 18, 1947. The Marshfleld Supply Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond, conditioned that it be 
relabeled in compliance with the law, under the supervision of the Federal 
Security Agency.