17984. Adulteration and misbranding of canned tomatoes.    U. S. v. 98 Cases
*    *    *.    (F. D. C. No. 31456.   Sample No. 24793-L.) 
LIBEL FILED :    August 6, 1951, Middle District of Pennsylvania. 
ALLEGED SHIPMENT :   On or about July 25, 1951, by the Earle Le Gates Co., from 
Tanyard, Md.
PRODUCT: 98 cases, each containing 24 1-pound, 11-ounce cans, of tomatoes at 
Scranton, Pa.
LABEL IN PART:    (Can) "Kent Farms [or "Pine Cone Brand"] Tomatoes."
NATURE OF CHARGE:    Adulteration, Section 402  (b)   (2)-, a product containing
added water had been substituted in whole or in part for canned tomatoes. 
Misbranding, Section 403   (g)   (1), the article failed to conform to the
definition and standard of identity for canned tomatoes since it contained
added water, which is not a permitted ingredient of canned tomatoes in the
definition and standard.
DISPOSITION : November 5, 1951. The Earle Le Gates Co., Preston, Md., claim- 
ant, 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 the claimant for the purpose of donation to charity in Preston, Md. On 
December 6, 1951, an amended decree was entered providing for the release 
of the product to a local charity in the Middle District of Pennsylvania.