15588. Adulteration and misbranding of canned tomatoes.   U. S. v. 592 Cases
*    *    *.    (F. D. C. No. 28037.   Sample No. 47624-K)
LIBEL FILED :    October 10,1949, Eastern District of Virginia.
ALLEGED SHIPMENT :    On or about August 22, 1949, by A. W. Sisk & Son, from
Preston, Md. 
PRODUCT:    592 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes
at Norfolk, Va.
LABEL IN PART: (Can) "ited-Glo Tomatoes * * * Albert W. Sisk & Son 
Distributors—Not Manufacturers."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a decomposed substance; and, Section 402 (b) (4), water 
had been added to the article and mixed and packed with it so as to increase 
its bulk and weight and reduce its quality or strength.
Misbranding, Section 403 (g) (1), the article failed to conform to the 
definition and standard of identity for canned tomatoes since it had not 
been so processed by heat as to prevent spoilage and it contained added 
water, which is not permitted as an ingredient of canned tomatoes.
DISPOSITION : November 23, 1949. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution, after segrega- 
tion and destruction of all cans containing decomposed tomatoes.
?Tomato juice, see Beverages and beverage materials.