Reseña de Jackson v. Carter Oil Co.

Jackson v. Carter Oil Co. de United States Court of Appeals Tenth Circuit Resumen del Libro

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 that it failed to conform to the definition and standard of canned tomatoes as prescribed by Regulations 53.41(a)(1) promulgated by the Federal Security Administrator ministrator pursuant to 21 U.S.C.A. § 341. In their answer, as claimants, Alfred Whitten and Harold Whitten, doing business as Whitten Brothers Canning Company, Paris, Texas, admitted the allegations of adulteration and misbranding, but requested permission to relabel the food on the ground that it was wholesome and fit for human consumption, and that reprocessing the product into tomato puree, catsup or any other similar product would be extremely expensive.

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