12960. Adulteration and misbranding of canned tomatoes.    TJ. S. v. 1,999 Cases
*    *    *.    (F. D. C. No. 23946.    Sample No. 18617-K)
LIBEL FILED :    November 18,1947, Southern. District of Ohio. 
ALLEGED SHIPMENT :    On or about September 10, 1947, by Albert W. Sisk & Son, 
from Preston, Md.
PRODUCT: 1,999 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at 
Cincinnati, Ohio.
LABEL IN PART :   "Pine Cone Brand   Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a decomposed substance.
Misbranding, Section 403 (g) (1), the article failed to conform to the defini- 
tion and standard of identity for canned tomatoes, which provides that canned 
tomatoes are sealed in a container and so processed by heat as to prevent 
spoilage.   The article had not been processed by heat so as to prevent spoilage.
DISPOSITION : January 14,1948. H. B. Wright & Son, claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond for segregation and destruction of 
the bad cans of tomatoes, under the supervision of the Food and Drug Ad- 
ministration.