(N. J. 8.5.)
MISBRANDING OF CANNED  TOMATOES.
(UNDERWEIGHT.)
In accordance with the provisions of section 4 of the Food and Drugs 
Act of June 30, 1906, and of regulation 6 of the rules and regulations 
for the enforcement of the act, notice is given that on January 2, 1909, 
in the district court of the United States for the district of Indiana, in 
a proceeding of libel under section 10 of the aforesaid act for seizure 
and condemnation of misbranded canned tomatoes—that is to say, 
34 cases of canned tomatoes labeled and branded as containing "2 
dozen 3 lb.;; cans each, whereas in fact the gross weight of each can 
was 8 ounces less than the weight declared in the label—the Sears & 
Nichols Company, a corporation of Chillicothe, Ohio, consignor and 
claimant, having appeared and filed its answer, admitting the allega- 
tions of the libel, and the cause having come on for a hearing, a decree 
of forfeiture and condemnation was rendered in substance and in form 
as follows:
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA.
UNITED STATES 
1
vs. 
16880.
THIRTY-FOUR CASES OF CANNED TOMATOES, MORE OR LESS. J
Now, at this day comes the United States, by Joseph B. Kealing, United States 
attorney for the district of Indiana, and Sears and Nichols Company, a corporation, 
by C. H. Sears, its secretary, claimant and owner of the said thirty-four cases of canned 
tomatoes, by Thomas A. Sims, their proctor, and this cause now coming on to be 
heard on the pleadings herein, and after due deliberation being had in the premises, 
the court finds that all of the allegations contained in the libel are true and that the 
United States is entitled to recover herein. It is therefore ordered, adjudged, and 
decreed that the said thirty-four cases of canned tomatoes are hereby condemned as 
being misbranded under the provisions of the Food and Drugs Act of June 30, 1906.
And it appearing to the court that the costs in this case, taxed at $- , have been
paid by the claimant, and the claimants having filed a good and sufficient bond
herein to the effect that the said thirty-four cases of canned tomatoes shall not be sold 
or otherwise disposed of contrary to the provisions of the Food and Drugs Act of June 
30, 1906,
It is further ordered, adjudged, and decreed that the marshal be, and he is hereby, 
directed to release the said thirty-four cases of canned tomatoes and restore the same 
to the claimant herein.
The facts in the case were as follows:
On or about October 27, 1908, an inspector of the State board of 
health of Indiana, acting under authorization of the Secretary of the 
United States Department of Agriculture to Dr. H. E. Barnard, State 
food and drug commissioner of Indiana, in accordance with regulation 
3 of the rules and regulations for the enforcement of the Food and 
Drugs Act of June 30, 1906, found in the possession of the Bement- 
Kea Company, in Terre Haute, Ind., 34 cases, each containing 24 cans 
of canned tomatoes labeled and branded '12 dozen 3 lb. Superior Toma- 
toes. Packed by Sears & Nichols Company, Chillicothe, Ohio, Pent- 
water, Michigan." The goods had been shipped to the Bement-Rea 
Company by the Sears & Nichols Company from Chillicothe, Ohio. 
A number of the cans were weighed by the inspector, and the average 
gross weight was found to be 40 ounces.
The goods were therefore misbranded within the meaning of section 
8 of the act, and on October 29, 1908, the facts were reported to the 
United States attorney for the district of Indiana and libel for seizure 
and condemnation was duly filed, with the result hereinbefore stated.
H. W. WILEY, 
F. L. DUNLAP, 
GEO. P. MCCABE, 
Board of Food and Drug Inspection. 
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, June 28, 1909.