12971. Misbranding of canned tomatoes.    U. S. v. 144 Cases    *    *    *.     (F, D. C.
No. 23665.    Sample No. 83194-H.)
LIBEL FILED :   August 29,1947, Western District of Kentucky.
ALLEGED SHIPMENT: On or about June 23, 1947, by the Elsa Canning Co., from 
Elsa, Tex.
PRODUCT: 144 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at 
Louisville, Ky.
LABEL, IN PART :   "Ro-May Brand   Tomatoes."
NATURE OF CHARGE : Misbranding, Section 403 (h) (1), the article fell below the 
standard of quality for canned tomatoes because the drained weight of the 
contents of the container of the article was less than 50 percent of the weight 
of water required to fill the container, and its label failed to bear a statement 
that it fell below such standard.
DISPOSITION :   April 24, 1948.   Default decree of condemnation and destruction.