17083. Adulteration and misbranding of canned tomatoes.   U. S. v. 578 Cases
(and 1 other seizure action).    (F. D. C Nos. 30183, 30341.    Sample 
Nos. 55064-K, 55065-K.) 
LIBELS  FILED:    November 30  and December  13,  1950,  Northern District of
Alabama. 
ALLEGED SHIPMENT :   On or about September 7, 1950, by the H. J. Moran Co.,
from Baltimore, Md. 
PRODUCT:    Tomatoes.   578 cases at Birmingham, Ala., and 525 cases at Jasper,
Ala.   Each case contained 24   1-pound, 3-ounce cans, of tomatoes. 
LABEL IN PART :    "Realm   Vine Ripened   Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a decomposed substance by reason of the presence of 
decomposed tomato material.
Misbranding (Jasper lot only), Section 403 (g) (2), the product was canned 
tomatoes, a food for which a definition and standard of identity has been 
prescribed by regulations, and its label failed to bear the common name of the 
optional ingredient, added strained tomatoes, as required by the definition and 
standard; and, Section 403 (h) (1), the product fell below the standard of 
quality for canned tomatoes since it contained excessive peel and the label 
failed to bear a statement that the product fell belowthe standard.
DISPOSITION: February 19, 1951. Default decrees of condemnation and 
destruction.