28752. Misbranding of canned tomatoes.    U. S. v. 383 Cases of Canned Tomatoes
(and one other seizure action). Consent decrees of condemnation. 
Product ordered released under bond for relabeling:. (F. & D. Nos. 40955, 
41137.   Sample Nos. 42467-C, 42495-C.)
This product was substandard since the tomatoes did not consist of whole 
or large pieces, and in one lot it contained excessive peel; and it was not labeled 
to indicate that it was substandard.
On November 30 and December 16, 1937, the United States attorney for 
the Western District of Texas, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemna- 
tion of 383 cases of canned tomatoes at Hamilton, Tex., and 570 cases of 
canned tomatoes at Gatesville, Tex., alleging that the article had been shipped 
in interstate commerce on or about October 4, 1937, by Putman Canning Co.,
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from Avoca, Ark., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Putman Brand Hand 
Packed Tomatoes   *   *   *   Putman Canning Co., Avoca, Ark."
It was alleged to be misbranded in that it was canned food, and fell below 
the standard of quality and condition promulgated by the Secretary of Agricul- 
ture, because the tomatoes did not consist of whole or large pieces, and because 
a portion contained excess peel, and the package or label did not bear a 
plain and conspicuous statement prescribed by the Secretary indicating that it 
fell below such standard.
On March 1, 1938, the Putman Canning Co., having appeared as claimant 
and having consented to the entry of a decree, judgment of condemnation was 
entered and the product was ordered released under bond conditioned that it 
be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.