16937. Adulteration of canned tomatoes.   U. S. v. 378 Cases    *    *    *.    (F. D. C.
No. 29855.    Sample No. 81791-K.) 
LIBEL FILED :    October 30, 1950, Eastern District of Pennsylvania. 
ALLEGED SHIPMENT :    On or about October 16,1950, by the Peter Capizola Canning
Co., from Buena, N. J. 
PRODUCT:    378 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes at
Philadelphia, Pa. 
LABEL IN PART :    (Can) "Kellogg's   Merion Brand   Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of fly eggs 
and maggots ; and, Section 402 (a) (4), it had been prepared under insanitary 
conditions whereby it may have become contaminated with filth.
DISPOSITION : November 28, 1950. Default decree of condemnation and 
destruction.