3442.?Adulteration of canned tomatoes.    U. S. v. "500 Gases of Canned To?
matoes.     Consent decree of condemnation, forfeiture, and destruc??
tion.     (F. & D. No. 5358.    I. S. No. 5437-h.    S. No. 1962.)
On October 21, 1913, the United States attorney for the Eastern District of?
Missouri, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 500 cases, each containing two dozen cans of tomatoes, remaining?
unsold In the original unbroken packages at St. Louis, Mo., alleging that the
Supplement.]    SEEVICE AND REGULATORY ANNOUNCEMENTS.	681
product had been transported in interstate commerce from the State of Mary??
land into the State of Missouri, and charging adulteration in violation of the?
Food and Drugs Act. The cases were labeled: "Abbsco Brand Tomatoes?
Weights on Labels 2 Dozen Cans Size No. 3 Packed by Jas. Wallace Pkg.?
Co., Cambridge, Md." The cans were labeled: "Abbsco Brand Tomatoes (de??
sign tomato) Packed by Jas. Wallace Packing Co. at Cambridge, Dorchester?
Co., Md. Guaranteed by the packers under the Food and Drugs Act, June 30,?
1906.    Contents Weigh Not Less Than 2 Pounds (Design Indian.)"
It was alleged in the libel that the product was adulterated and liable to?
seizure, condemnation, and confiscation, as provided in the Food and Drugs?
Act, for the reason that a visual examination made of sample cans taken from?
24 of said cases revealed and disclosed that 22 of said cans contained pieces of?
rotten tomatoes, and 20 of said cans contained pieces of mold and many green?
and defective tomatoes, and said product appeared to have been made and?
prepared from partly moldy and rotten tomatoes, without trimming or remov??
ing said rotten parts, and that said product consisted in whole or in large part?
of filthy, decomposed, and [or] putrid vegetable substances'as above described,?
and that said product was of a deleterious character and unfit for use as food.
On May 6, 1914, the James Wallace Packing Co., claimant, having admitted?
the allegations of the libel and consented to a decree, judgment of condemna??
tion and forfeiture was entered and it was ordered by the court that the?
product should be destroyed by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914.
NOTE.?When this case was reported for action it was not claimed by this?
department that the product was of a deleterious character.