12173. Misbranding1 of canned tomatoes.    TJ. S. v. 874 Cases    *    *    *     (and 1
other seizure action).    (F. D. C. Nos. 22117, 22198.    Sample Nos. 51677-H, 
72924-H.)
LIBELS FILED: December 23, 1946, and January 24, 1947, District of Minnesota 
and Southern District of Ohio. The libel filed on December 23, 1946, was 
amended January 2,1947.
ALLEGED SHIPMENT:   On or about September 9 and 17,1946, by the Lutz Canning
Co., from Delphi, Ind. 
PRODUCT:   374 cases at St. Paul, Minn., and 1,887 cases at Cincinnati, Ohio.
Each case contained 6 cans of tomatoes.   The product was invoiced as "Fancy
Tomatoes," and no written labeling agreement existed between the shipper and
the consignee.
NATURE OF CHARGE: Misbranding, Section 403 (e), the article failed to bear a 
label containing the name and place of business of the manufacturer, packer, 
or distributor, and an accurate statement of the quantity of the contents; 
Section 403 (g) (2), it purported to be and was represented as canned toma- 
toes, a food for which a definition and standard of identity has been prescribed 
by regulations, and its label failed to bear as required, the name of the food 
specified in the definition and standard; and, Section 403 (h) (1), it fell below 
the standard of quality by reason of an excess of tomato peel, and it was not 
labeled to show that it was substandard.
DISPOSITION: February 13 and 24, 1947. The Lutz Canning Co., Indianapolis, 
Ind., and the Fall Creek Canning Co., Inc., Pendleton, Ind., claimants for the 
St. Paul and Cincinnati lots, respectively, having consented to the entry of 
decrees, judgments of condemnation were entered. The product was ordered 
released under bond, conditioned that it be labeled in compliance with the law, 
under the supervision of the Federal Security Agency.