12723. Adulteration and misbranding of canned tomatoes.    TJ. S. v. 500 Cases
*    *    *.     (F. D. C. No. 23802.    Sample No. 24407-K.)
LIBEL FILED :    October 9,1947, Northern District of Iowa.
ALLEGED SHIPMENT :   On or about August 28,1947, by Roberts Brothers, Inc., from
Baltimore, Md. 
PRODUCT:   500 cases, each containing 24   l-^pound, 3-ounce cans, of tomatoes at
Sioux City, Iowa.
LABEL IN PART :    "Roberts   Big R Brand   Tomatoes."
NATURE OF CHARGE : Adulteration, Section 402 (a) (3), the product consisted in 
whole or in part of a decomposed substance.
Misbranding, Section 403 (g) (1), the product failed to conform to the defini- 
tion and standard of identity for canned tomatoes, since it had not been proc- 
essed by heat so as to prevent spoilage.
DISPOSITION: November 7, ly47. Roberts Brothers, Inc., ciaiiuaut, having con- 
sented to the entry of a decree, judgment of condemnation was entered and the 
product was ordered released under bond for segregation of the unfit portion. 
522 cases of the product were seized, 106%4 cases were segregated and de- 
stroyed, and 4121%4 cases were released.