15441. Adulteration and misbranding of canned tomatoes.   U. S. v. 165 Cases
*   *   *.    (F.D.C. No. 28047.    Sample No. 1942-K.)
LIBEL FILED :    On or about October 13,1949, Northern District of Georgia. 
ALLEGED SHIPMENT :    On or about August 26,1949, by the Lively Canning Corp., 
from Lively, Va.
to the article and mixed and packed with it so as to increase its bulk or weight 
' and reduce its quality or strength.
Misbranding, Section 403 (g) (1), the article failed to conform to the defi- 
nition and standard of identity for canned tomatoes since it contained added 
water, which is not permitted as an ingredient of canned tomatoes; and, Sec- 
tion 403 (h) (1), the quality of the article fell below the standard of quality 
for canned tomatoes since 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 the label failed to bear a statement that the article fell 
below such standard.
DISPOSITION : November 17, 1949. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution, for use on the 
premises.