13665. Misbranding of  canned  tomatoes.    IJ.  S.  v.  Iken's  Market  Rum.b  
Plea of nolo contendere.    Fine, $200.     (F. D. C. No   24 '40     <£~ ?» *
86553-H, 86554-H.) 
Sample J
INFORMATION FILED : April 8, 1948, Eastern District of Missouri a<*am«;f MJ 
Market Basket, Inc., St. Louis, Mo. 
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ALLEGED VIOLATION : Between the dates of April 21 and May 14, 1947 th J 
fendant caused a quantity of canned tomatoes to be misbranded while tl 
were held for sale after shipment in interstate commerce. These 4;omatoeaJ 
originally been shipped from Westville, Okla , to St. Louis, Mo., beariir 
standard label. They were, however, substandard and were seized at St iH 
Mo., condemned as misbranded, and released under bond for relabeling T 
tomatoes were relabeled by pasting a strip label bearing the substance 
legend "Below Standard in Quality Good Food—Not High Grade" overt 
original label. On or about April 21, 1947, the defendant purchased 50 ei 
of these tomatoes, and subsequent to such purchase caused the substajl 
legend to be removed from certain cans of the product and sold them to vara 
purchasers as standard tomatoes. 
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NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fail©! 
conform to the standard of quality prescribed by the regulations, becausl 
poor color and excessive peel; and when sold by the defendant, the prdl
' was not labeled to show that it was substandard. 
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DISPOSITION :   April 28, 1948.   A plea of nolo contendere having been ent 
the defendant was fined $200.