Misbranding of canned tomatoes.    XJ. S. v. Manuel Mitchell Wohl  (South 
Side Market).     Motion to quash denied.    Plea of nolo contendere.    Fine,
$50.     (P. D. C. No. 24223.     Sample No. 22299-H.)
RATION  FILED:    April   16,   1948,   Western  District   of  Missouri,   against
guel Mitchell Wohl, trading as the South Side Market, St. Louis, Mo.
ID VIOLATION: Between the dates of April 9 and 11, 1947, the defendant 
_jed a quantity of canned tomatoes to be misbranded while they were held 
frsale after shipment in interstate commerce. These tomatoes had origin- 
ates shipped from Westville, Okla., to St. Louis, Mo., bearing a standard 
-?h key were, however, substandard and were seized at St. Louis, 
!J condemned as misbranded, and released under bond for relabeling.    The
i j°^f were relabeled by pasting a strip label bearing the substandard
in "Below Standard in Quality    Good Food—Not High Grade" over the
Sgnal label.    On or about April 7, 1947, the defendant purchased 50 cans of 
tomatoes, and  subsequent to such purchase caused the substandard
and to be removed from a number of cans of the product and sold them to
"out purchasers as standard tomatoes.
* OF CHARGE:   Misbranding, Section 403 (h)   (1), the product failed to 
Igorm to the standard of quality prescribed by the regulations, because of
I 70r and excessive peel; and when sold by the defendant, the product
» not labeled to show that it was substandard.
^ 'o^i The defendant filed a motion to quash the information, alleging 
;„ funds, among others, that the product was no longer in interstate commerce 
her* e 0t the act of the defendant and therefore beyond the power of 
used n
° regulate control, or punish. On June 4, 1948, the motion was 
*6»L 2n August 24, 1948, a plea of nolo contendere having been entered bv 
pendant, a fine of $50 was imposed.
|alsoNos. 13511-13513.