8654. Adulteration  and misbranding of tomato juice.     IT.  S.  v.   1,036  Cases  of
Tomato Juice.   Default decree of condemnation.   Product ordered deliv- 
ered to a charitable institution.    (F. D. C. No. 15121.   Sample No. 98437-F.)
LIBEL FILED :   January 29,1945, Eastern District of Missouri.
ALLEGED SHIPMENT : On or about November 21,1944, by the Albany Canning Co., 
Albany, Oreg.
PRODUCT: 1,036 cases, each containing 24 unlabeled No. 2y2 tins, of a product at 
St. Louis, Mo., which was invoiced as tomato juice.
LABEL IN PART:    (Cases) "24 No. 2% Tins Tomato Pulp."
NATURE OE CHARGE: Adulteration, Section 402 (a) (3), the product consisted in 
whole or1 in part of a decomposed substance.
Misbranding, Section 403 (e) (1), the product failed to bear a label containing 
the name and place of business of the manufacturer, packer, or distributor; 
Section 403 (e) (2), it failed to bear an accurate statement of the quantity 
of the contents; Section 403 (g) (1), it was invoiced as tomato juice, a food 
for which a definition and standard of identity has been prescribed by the 
regulations, but it failed to conform to the definition and standard since it was 
not free from skins and seeds; and, Section 403 (g) (2), the label failed to 
bear the name of the food specified in the definition and standard.
DISPOSITION: April 3, 1945. No claimant having appeared, judgment of ..con- 
demnation was entered and the product was ordered delivered to a charitable 
institution, conditioned that the unfit portion be segregated and destroyed, or 
denatured, by that institution.
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