20638. Adulteration of canned tomatoes.   U. S. v. 959 Cases * * *.   Tried to
the court.   Decision for the Government.   Decree of condemnation 
and destruction.    (F. D. C. No. 34478.   Sample No. 7981-L.) 
LIBEL FILED :    December 10,1952, Western District of Pennsylvania.
ALLEGED SHIPMENT:    On or about September 29, 1952, by the Brown Canning
Co., from Woodside, Del. 
PRODUCT:   959 cases, each containing 24 cans, of tomatoes at Pittsburgh, Pa.
LABEL IN PART: (Can) "Pride of the Farm Brand Contents 1 Lb. 3 Oz. 
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.
DISPOSITION : Miles A. Brown, trading as the Brown Canning Co., claimant, 
filed an answer denying that the product was adulterated, as .alleged in the 
libel. The case came on for trial before the court on December 9,1953, and was 
concluded on the same day, with a finding by the court that the product con- 
tained a decomposed substance and was adulterated. The court entered a 
decree of condemnation and destruction on December 9,1953.