18789. Misbranding of canned tomatoes.   U. S. v. 648 Cases   *   *   *.    (F. D. C.
No. 31677.   Sample No. 3779-L.)
LIBEL FILED :    On or about September 14,1951, District of Maryland.
ALLEGED SHIPMENT: On or about July 30, 1951, by A. W. Sisk & Son, from 
Preston, Md., to Braddock, Pa., and from there returned to the manufacturer, 
the Salem Packing Co., at Salem, Md.
PRODUCT: 648 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at 
Salem, Md.
LABEL, IN PART:    (Can) "Salem Brand   Tomatoes."
NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the article failed to 
bear a label containing an accurate statement of the quantity of the contents 
since the label designation "Contents 1 Lb. 3 Oz." was inaccurate (the article 
was short of the declared weight).
Further 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 such stand- 
ard; and, Section 403 (h) (2), the article fell below the standard of fill of 
container for canned tomatoes since the container of the article was filled to 
less than 90 percent of the total capacity of the container, the minimum per- 
mitted by such standard, and the label failed to bear a statement that the 
article fell below such standard. 
DISPOSITION: October 19, 1951. The Salem Packing Co. having appeared as 
claimant, judgment of condemnation was entered and the court ordered that 
the product be released under bond for relabeling under the supervision of the 
Federal Security Agency.