18134. Misbranding of canned tomatoes.   U. S. v. 347 Cases    *    *    *.    (F. D. C.
No. 31664.    Sample No. 12818-L.)
LIBEL FILED :    September 14,1951, District of Colorado. 
ALLEGED SHIPMENT: On or about June 28, 1951,*by the L. H. Moore Canning 
Co., from McAllen, Tex.
PRODUCT: 347 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
at Pueblo, Colo.
LABEL, IN PART:    (Can) "Gardenside Brand   Tomatoes."
NATURE OF .CHARGE: Misbranding, Section 403 (h) (1), the quality of the article 
fell below the standard of quality for canned tomatoes since the article failed 
to meet the requirements for strength and redness of color, and the label 
failed to bear a statement that the article fell below the standard.
DISPOSITION : November 19, 1951. Default decree of condemnation. The court 
ordered that the product, which consisted of 13 cases actually seized, be 
delivered to a charitable institution.