15439. Adulteration and misbranding of canned tomatoes.   U. S. v. 1,230 Cases
* *    *.   (F.D.C. No. 27876.   Sample No. 47744-K.)
LIBEL FILED :   September 28,1949, Southern District of West Virginia. 
ALLEGED SHIPMENT :    On or about July 30, 1949, by Albert W. Sisk & Son, from 
Cambridge, Md.
PRODUCT: 1,230 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes 
at Logan, W. Va.
LABEL IN PART: "Pride of the Field * * * Tomatoes Packed By Leonard 
Simmons, Madison, Md."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing 
added water had been substituted in whole or in part for canned tomatoes.
Misbranding, Section 403 (g) (1), the article failed to conform to the defini- 
tion and standard of identity for canned tomatoes since it contained, added 
water, which is not a permitted, ingredient of canned tomatoes in the definition 
and standard.
DISPOSITION : November 5, 1949. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution since there was 
no substance in the product which made it unfit for human consumption.