13668. Misbranding of canned tomatoes.     U. S. v. 319 Cases     *     *     *.     (F. D. C
No. 24761.    Sample No. 15159-K )
LIBEL FILED :   May 7,1948, Western District of Michigan.
ALLEGED SHIPMENT: On or about September 11 and 13, 1947, by A. W. Sisk & 
Son, from Pocomoke City, Md.
PRODUCT: 219 cases, each containing 24 1-pound, 12-ounce cans, of tomatoes at 
Grand Rapids, Mich.
LABEL IN PART: "Somerset Brand Tomatoes * * * Packed by Somerset 
Packing Co., Inc., Pocomoke City, Maryland."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard for canned tomatoes because of the low drained weight, as de- 
termined by the sieve test set forth in the standard, and since it contained 
excessive tomato peel; and the label failed to bear the statement that the prod- 
uct was below standard.
DISPOSITION:   August 6, 1948.    The Somerset Packing Co., Inc., claimant, hav- 
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Sing admitted the allegations in the libel, judgment of condemnation was en- 
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teed and the product was ordered released under bond to be relabeled under 
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the supervision of the Food and Drug Administration.