2034. Adulteration and misbranding of tomato puree.     IT. S. v. 13 Cases of To¬
mato Puree.     Default decree of condemnation and destruction.     (F. D. C.
No. 4751.     Sample No. 59304-E.)
This product, in addition to containing decomposed material, was packed in 
No. 10' cans which normally hold approximately 6% pounds of tomato puree, but 
were labeled "Contents 1 Lb. 3 Oz."
On May 12, 1941, the United States attorney for the Southern District of 
West Virginia filed a libel against 13 cases of tomato puree at Huntington, W. Va., 
alleging that the article had been shipped on or about January 18, 1941, by 
Crampton Canneries, Inc., from Celina, Ohio; and charging that it was adulterated 
and misbranded. The article was labeled in part: (Cans) "Radio Brand Puree 
Of Tomatoes."
It was alleged to be adulterated in that it consisted wholly or in part of a 
decomposed substance.
The article was alleged to be misbranded in that the statement "Contents 1 Lb. 
3 Oz." was false and misleading since it was incorrect; and in that it was in 
package form and did not bear a label containing an accurate statement of 
the quantity of contents.
On June 23, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.