14797. Misbranding of canned tomatoes.  U. S. v. 798 Cases   *   *   *., (F. D. C.
No. 26116.    Sample No. 23528-K.) 
LIBEL FILED :   December 13,1948, Western District of Louisiana.
ALLEGED SHIPMENT : On or about July 26,1948, by the Brownsboro Canning Co., 
from Brownsboro, Tex.
PRODUCT: 798 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at 
Shreveport, La.
LABEL IN PART: (Can) "Santa Rosa Brand Tomatoes * * * Packed by 
Brownsboro Canning Co., Brownsboro, Texas" or "Red-Ee Brand Tomatoes 
*   *   *   Packed By Athens Canning Co. Athens, Texas."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product was sub- 
standard in quality because the strength and redness of color of the tomatoes 
failed to meet the requirements for color prescribed by the regulations and 
because it contained peel in excess of the maximum permitted by the standard, 
and its label failed to bear a statement that it fell below the standard.
DISPOSITION : March 1949. The Brownsboro Canning Co., claimant, having 
consented to the entry of a. decree, judgment of condemnation was entered and 
the product was ordered released under bond to be relabeled under the super- 
vision of the Food and Drug Administration.