21139. Adulteration of canned tomatoes. U. S. v. 328 Cases * * * (and 1 other seizure action). (F. D. C. Nos. 35631, 36672. Sample Nos. 39356-L, 39359-L.) LIBELS FILED : September 16 and 29,1953, Eastern District of Virginia. ALLEGED SHIPMENT : On or about August 10 and 15, 1953, by the Hynson Can- ning Co., from Federalsburg, Md. PRODUCT: 1,054 cases, each containing 24 cans, of tomatoes at Norfolk, Va. LABEL IN PART: (Can) "Bulow Tomatoes Contents 1 Lb." and "Hi-Sun Tomatoes Contents 1 lb. Packed in U. S. A. Distributed by Hynson Can- ning Co. Federalsburg, Md." 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: February 16, 1954. The Hynson Canning Co., claimant, having filed an answer, but having failed to pursue the matter further, and it ap- pearing to the court that the product was adulterated as alleged in the libels, judgments of condemnation were entered. The court ordered that the prod- uct be delivered to a Federal or State institution, for use as animal feed.