15498. Adulteration of canned tomatoes.   U. S. v. Niels P. Jacobsen.   Tried to
the jury; verdict of guilty.   Fine, $300 and costs.   (F. D. C. No. 25627. 
Sample No. 27548-K.)
INFORMATION FILED: March 12, 1949, Western District of Missouri, against 
Niels P. Jacobsen, Diggins, Mo.
ALLEGED VIOLATION : The giving of a false guaranty. The information charged 
that on or about March 30, 1948, the defendant entered into a contract with 
the Marshfield Supply Co., to pack canned tomatoes for the latter firm, and 
guarantied that the tomatoes so packed would be neither adulterated nor mis- 
branded within the meaning of the Federal Food, Drug, and Cosmetic Act; 
that within the period from on or about August 24,1948, to September 7,1948, 
the defendant delivered pursuant to the contract a number of cases of canned 
tomatoes; that the Marshfield Supply Co. was engaged in the business of 
introducing and delivering for introduction into interstate commerce quantities 
of canned tomatoes which had been supplied by the defendant; and that the 
guaranty given by the defendant was false since the tomatoes guarantied to 
be not adulterated were in fact adulterated, as stated below.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in part of a filthy substance by reason of the presence of maggots, fly eggs, and 
insect parts; and, Section 402 (a) (4), it had been prepared and packed under 
insanitary conditions whereby it may have become contaminated with filth.
DISPOSITION: June 15, 1949. A plea of not guilty having been entered, the 
matter was tried before the jury. The defendant was found guilty and fined 
$300, together with costs.