1777. Misbranding of canned tomatoes.    U. S. v. 62 Cases of Canned Tomatoes.
Consent decree of condemnation.     Product ordered released under bond 
for relabeling.     (F. D. C. No. 3303.    Sample No. 26548-E.)
This product was substandard in quality because of low drained weight, 
and it was not labeled to indicate that it was substandard.
On November 7, 1940, the United States attorney for the District of Oregon 
filed a libel against 62 cases of canned tomatoes at Portland, Oreg., alleging 
that the article had been shipped from Seattle, Wash., on or about 
October 21, 1940;  and charging that it was misbranded.   The article was
labeled in part: "Silverton Brand Tomatoes Packed by Silverton Canning Com- 
pany, Silverton, Oregon." The product had been shipped originally by the 
Silverton Canning Co. to the Quartermaster Depot, Seattle, Wash., had been 
rejected, and was hauled away by truck of the original shipper.
It was alleged to be misbranded in that it purported to be a food for which 
a standard of quality had been prescribed by regulations as provided by law, but 
its quality fell below such standard, and its label failed to bear in such manner 
and form as the regulations specify, a statement that it fell below such 
standard.
On January 2, 1941, Silverton Canning Co., claimant, 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 to comply 
with the law.