18036. Adulteration and misbranding of canned tomatoes.   U. S. v. 40 Cases
*    *    *.    (F.D.C. No. 31751.   Sample No. 1228-L.)
LIBEL FILED :    On or about October 2, 1951, Northern District of Georgia. 
ALLEGED SHIPMENT :    On or about August 21, 1951, by J. W. Siegfried, Jr., from 
Hague, Va.
PRODUCT:   40 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes at
Atlanta, Ga. 
LABEL IN PART :    (Can) "Dixianna Brand   Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a decomposed substance by reason of the presence of de- 
composed tomato material.
Misbranding, Section 403 (h) (1), the quality of the article fell below the 
standard of quality for canned tomatoes because of excessive peel, and the 
label failed to bear a statement that the article fell below the standard.
DISPOSITION : October 30, 1951. Default decree of condemnation. The court 
ordered that the product be destroyed; otherwise, that it be delivered to a 
Federal institution, for use as animal feed.