12966. Misbranding of canned tomatoes.    TJ. S. v. 1,498 Cases    *     *     *.     (F. D. C.
No. 23699.    Sample No. 83169-H.)
LIBEL FILED :    September 15, 1947, Western District of Kentucky. 
ALLEGED SHIPMENT:    On or about July 31, 1947, by the De Kalb Canning Co., 
from De Kalb, Tex.
PRODUCT:   1,498 eases, each containing 24   1-pound, 3-ounce cans, of tomatoes at
Louisville, Ky. 
LABEL IN PART:    "Dek-Pak Brand   Tomatoes."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality for canned tomatoes, and it was not labeled to show 
that it was substandard. It failed to meet the test for color, and it contained 
excessive peel.
DISPOSITION : March 2, 1948. The De Kalb Canning Co., claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered and 
the product was ordered released under bond to be relabeled under the super- 
vision of the Food and Drug Administration.