20229. Misbranding of canned tomatoes. U. S. v. 535 Cases- * * *. (F. D. C. No. 34554. Sample No. 46766-L.) LIBEL FILED : On or about January 15, 1953, Southern District of Texas. ALLEGED SHIPMENT : On or about November 6,1952, from Frankton, Ind., by the Wann Packing Co. PRODUCT: 535 cases, each containing 24 1-pound cans, of tomatoes at Houston, Tex. LABEL IN PART : (Can) "Yacht Club Tomatoes." NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below the standard of quality for canned tomatoes since the drained weight was less than 50 percent of the weight of water required to fill the container and the label failed to bear a statement that the product fell below the standard. DISPOSITION : February 24,1953. Default decree of condemnation and destruc- tion. On February 27, 1953, the court amended the decree to provide for the delivery of the product to a charitable institution.