15540. Adulteration   and misbranding of   canned   tomatoes.   U.   S.   v.   497
Cases   *    *    *.    (F. D. C. No. 27845.   Sample No. 47623-K.) 
LIBEL FILED :   September 16,1949, Eastern District of Virginia. 
ALLEGED SHIPMENT :   On or about July 22, 1949, by A. W. Sisk & Son and W. T. 
Andrews, from Cambridge, Md.
PRODUCT: 497 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
at Norfolk, Va.
LABEL IN PART :    (Can) "Red-Glo   Tomatoes."
NATURE OF CHARGE:   Adulteration, Section 402 (b)   (2), an article containing
added water had been substituted in part for canned tomatoes. 
Misbranding, Section 403  (g)   (1), the product failed to conform to the
definition and standard of identity for canned tomatoes since it contained
added water, which is not permitted as an ingredient in the definition and
standard.
DISPOSITION : November 23, 1949. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution.
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