21337. Adulteration of canned tomatoes.   U. S. v. 842 Cases * * *.   Tried to the
court and jury. Verdict for the Government. Decree of condemnation 
and destruction.    (F. D. C. No. 34495.   Sample No. 55535-L.)
LIBEL FILED : December 15,1952, Western District of New York; amended libel 
filed May 8, 1953.
ALLEGED SHIPMENT: On or about October 8 and 20, 1952, by the O. M. Brown 
Canning Co., from Elwood, Ind.
PRODUCT: 842 cases, each containing 24 unlabeled cans, of tomatoes at Albion, 
N. Y.
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 : O. M. Brown Packing Co., Inc., appeared as claimant and filed an 
answer denying that the product was adulterated as alleged in the libel. 
Thereafter, the claimant and the Government served interrogatories upon each 
other, which were answered. The case came on for trial before the court and 
jury on June 3,1954, and was concluded on June 8, 1954, with the return of a 
verdict for the Government. On June 23, 1954, the court entered a decree of 
condemnation and ordered that the product be destroyed.