United States v. 716 Cases, More or Less, Etc., Del Comida Brand Tomatoes

MURRAH, Circuit Judge.

Pursuant to Section 304(a) of the Federal Food, Drug and Cosmetic Act, 52 Stat. 1040 et seq., 21 U.S.C.A. § 334(a), a libel of information was filed by the United States for the seizure and condemnation of 716 cases of canned food labeled in part “Del Comida Brand Tomatoes Contents 1 Lb. 3 Oz”. The libel alleged that the food was adulterated within the meaning of 21 U.S.C.A. § 342(b) (2) in that a product containing water had been substituted wholly or in part for canned tomatoes; and that the product was also misbranded within the meaning of 21 U.S.C.A. § 343(g) (1) in…