18084. Misbranding of canned tomatoes.   U. S. v. 34 Cases   *    *   *.    (F. D. C
No. 31710.    Sample No. 12929-L.) 
LIBEL FILED :    September 18, 1951, District of Colorado.
ALLEGED SHIPMENT: On or about August 7, 1951, by the Elsa Canning Co., 
Elsa, Tex.
PRODUCT: 34 cases, each containing 6 6-pound, 6-ounce cans, of tomatoes at 
Denver, Colo.
LABEL IN PART: (Can) "Tomatoes * * * Ro-Tel Brand." 
NATURE OF CHARGE : Misbranding, Section 403 (h) (1), the quality of the article 
fell below the standard of quality for canned tomatoes because the strength 
and redness of color of the article was less than that prescribed by the stand- 
ard, and the label failed to bear a statement that the article fell below the 
standard. 
DISPOSITION: October 31, 1951. The Elsa Canning Co. having executed an 
acceptance of service and an authorization for taking of a final decree, judg- 
ment of condemnation was entered against the one case of the article which
actually had been seized.   The court ordered that the product be delivered to 
a charitable institution.
NUTS*