20937. Misbranding of canned tomatoes.   U. S. v. 59 Cases * * *.    (F. D. C. No.
35732.    Sample No. 72360-L.)
LIBEL FILED :    On or about October 19, 1953, Southern District of West Virginia.
ALLEGED SHIPMENT: On or about October 6, 1952, by Gibbs & Co., Inc., from 
Baltimore, Md.
PRODUCT:   59 cases, each containing 24 cans, of tomatoes at Berwind, W. Va.
LABEL IN PART:    (Can) "Gibbs   Contents 1 Lb. 12 Oz.   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. 
(Examination showed that the article was short weight.)
Further misbranding, Section 403 (h) (2), the article fell below the standard 
of fill of container for canned tomatoes since the article contained less than 
90 percent of the total capacity of the container and the label failed to bear a 
statement that the article fell below the standard. The standard of fill of 
container for canned tomatoes is a fill of not less than 90 percent of the total 
capacity of the container.
DISPOSITION : November 9, 1953. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution for its use.