14469. Misbranding of canned tomatoes.   U. S. v. 571 Cases   *   *   *.   (F. D. c.
No. 25517.   Sample Nos. 23249-K, 23250-K.) 
LIBEL FILED :    September 7,1948, Western District of Louisiana.
ALLEGED SHIPMENT : On or about June 24 and July 5,1948, by the Elsa Canning 
Co., from Elsa, Tex.
PRODUCT: 571 cases of canned tomatoes at Lake Charles, La. Some of the cases 
contained 48   10-ounee cans and some contained 24   1-pound, 3-ounce Kans.
LABEL IN PART: "Valley Rose Hand Packed Tomatoes * * * Packed by 
Mission Food Products Company, Mission, Texas," or "Ro-May Brand 
Tomatoes."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article fell below the 
standard of quality prescribed for canned tomatoes since it failed to meet the 
requirements for strength and redness of color and since it contained excessive 
tomato peel, and its label failed to bear a statement that it fell below such 
standard.
DISPOSITION : October 14, 1948. Kelly-Weber & Co., Lake Charles, La., having 
appeared as claimant, judgment was entered providing for the release of the 
product under bond, to be brought into compliance with the law, under the 
supervision of the Federal Security Agency. In accordance with the decree, 
action was taken to relabel the product.