26082. Canned tomatoes. (Inj. No. 348.) COMPLAINT FOR INJUNCTION FILED: 12-24-58, E. Dist. Va., against William L James, wa James & James, Kendall Grove, Va. CHARGE : The complaint alleged that the defendant was engaged in the business of preparing, canning, and distributing canned tomatoes and that the de- fendant had on hand, at the James & James cannery, 7,500 cases, each con- taining 24 1-lb. cans of tomatoes, and bearing code numbers 8T50, 8T80, 8T81, 8T82, 8T90, which would, in the usual and ordinary course of business, be introduced and delivered for introduction into interstate commerce by the defendant, and which constituted a menace to interstate commerce in that they were adulterated under 402(a) (3) by reason of the presence of fly eggs and maggots in the tomatoes. The complaint alleged further that the defendant was well aware of the requirements of the Act; that factory inspections of the defendant's cannery were made by the Food and Drug Administration on 8-10-54 and 8-20-58, at which times the defendant was warned against the interstate shipment of adulterated canned tomatoes and of the infestation of raw stock tomatoes with fly eggs and maggots; and, that on 8-26-58, after the inspection of 8-20-58, the defendant had shipped 350 cases of canned tomatoes in interstate commerce, which canned tomatoes were seized on 11-3-58, as being violative of 402(a) (3) by reason of the presence of fly eggs and maggots. DISPOSITION: The court entered a temporary restraining order on 12-24-58, and a preliminary injunction on 1-2-59. On 1-7-59, the defendant having con- sented, a decree of permanent injunction was entered against the defendant enjoining him against the introduction and delivery for introduction into interstate commerce, of any of the 7,500 eases which bore the code numbers 8T50, 8T80, 8T81, 8T82, and 8T90.