15442. Adulteration and misbranding of canned tomatoes.   U. S. v. 19 Cases
*   *   *   (and 4 other seizure actions).   (F. D. C. No. 27889.   Sample 
No. 63766-K.) 
LIBELS FILED :    October 12,1949, Middle District of Georgia.
ALLEGED SHIPMENT: On or about August 5 and 8, 1949, the Lively Canning 
Corp. shipped from Lively, Va., to Cairo, Ga., 1,621 cases of canned tomatoes, 
and thereafter certain portions of the product were shipped from Cairo, Ga., 
to Amsterdam, Thomasville, and Attapulgus, Ga.
PRODUCT: 77}4I cases, each full case containing 24 1-pound, 3-ounce cans, 
of tomatoes at Amsterdam, Thomasville, and Attapulgus, Ga.
LABEL IN PART :   "Tomato Queen Brand   *   *   *   Hand Packed Tomatoes."
NATURE OF CHARGE : Adulteration, Section 402 (b) (4), water had been added to 
the article and mixed and packed with it so as to increase its bulk or weight 
and reduce its quality and 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 a permitted ingredient of canned tomatoes.
DISPOSITION : November 10, 1949. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution for its use and 
not for sale.