F. & D. No. 1730.
S. No. 602.	
Issued December 17,1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 671, FOOD AND DRUGS ACT.
ADULTERATION OF CANNED TOMATOES.
On or about August 4, 1910, the C. B. Ayars Canning Company,?
Bridgeton, N. J., shipped from the State of New Jersey to the State?
of Pennsylvania 68 cases, each containing 12 cans of tomatoes, and?
1 case containing 6 cans of tomatoes, each of which cans was labeled?
"Emerson Brand Tomatoes. Cold Packed. These Tomatoes are?
carefully selected and packed expressly for the finest trade?finest?
quality?Emerson Brand Tomatoes. Packed by B. S. Ayars & Sons?
Co., Bridgeton, N. J." Examination of samples of this product?
made by the Bureau of Chemistry, United States Department of?
Agriculture, showed it to be adulterated within the meaning of the?
Food and Drugs Act of June 30, 1906. As it appeared from the find??
ings of the analyst and report made that the shipment was liable to?
seizure under section 10 of the act, the Secretary of Agriculture?
reported the facts to the United States attorney for the Eastern Dis??
trict of Pennsylvania.
In due course a libel was filed in the District Court of the United?
States for said district against the said 69 cases of canned tomatoes,?
charging the above shipment and alleging that the product so shipped?
was adulterated, in that it consisted in whole or in part of a filthy,?
decomposed, and putrid vegetable substance, and praying seizure and?
condemnation of the product.
On September 9, 1910, the cause came on for hearing and no claim??
ant to the product having appeared and no answer having been filed?
to the above libel, the court being fully informed in the premises?
issued its decree, condemning said product and forfeiting the same?
to the use of the United States for the causes in said libel set forth,?
and ordering its destruction by the marshal of said district, which?
order was forthwith executed.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
W. M. HATS,
Acting Secretary of Agriculture.?
WASHINGTON, D. C, November 1, 1910,
66753*?>NO, 671-10