16340. Adulteration and misbranding of canned tomatoes.   U. S. v. 448 Cases
(and 1 other seizure action}.   Tried to the court.   Judgment for Gov- 
ernment.   Decree of condemnation.   Product ordered released under 
bond to be brought into compliance with the law.    (F. D. C. Nos. 28068, 
28069.    Sample Nos. 60005-K, 60006-K.) 
to the product and mixed and packed with it so as to increase its bulk or weight
and reduce its quality or strength.
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 of canned tomatoes; 
and, Section 403 (h) (1), the product fell below the standard of quality for 
canned tomatoes since the drained weight of the contents of the container was 
less than 50 percent of the weight of water required to fill the container, and 
its label failed to bear a statement that it fell below the standard. 
DISPOSITION : The Wann Packing Co. having appeared as claimant, the matter 
came on for trial before the court on May 31, 1950, and judgment was entered 
for the Government. On June 5, 1950, decrees of condemnation were entered 
and the court ordered that the product be released under bond, to be converted 
into a food product for which a definition and standard of identity has not 
been established, under the supervision of the Food and Drug Administration.