16145. Misbranding of canned tomatoes.   U. S. v. 288 Cases, etc.    (F. D. C. No.
28845.    Sample Nos. 65504-K, 65505-K.)
LIBEL FILED :    March 3,1950, Northern District of Illinois.
ALLEGED SHIPMENT : On or about December 30, 1949, and January 4, 1950, by 
the Diegel Canning Co., Wapakoneta, Ohio.
PRODUCT: 387 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
at Chicago, Ill.
LABEL IN PART : "Lady Clare [or "Oh Boy"] Brand * * * Red Ripe To- 
matoes."
NATURE OF CHARGE: Misbranding, Section 403 (g) (1), the product failed to 
conform to the definition and standard of identity for canned tomatoes since 
it contained added calcium salts, and its label failed to declare the presence 
of added calcium salts, as required by the definition and standard.
DISPOSITION: May 1, 1950. The shipper having consented to the entry of a 
decree, judgment of condemnation was entered and the court ordered that the 
product be released under bond to be relabeled, under the supervision of the 
Food and Drug Administration.