5710. Adulteration of tomatoes. V. S. * * * v. 900 Cases Canned To- 
matoes. Consent decree of condemnation and forfeiture. Product 
ordered  released   on  bond.      (F.   &  D.  No.   7922.     I.   S.   No.   2534-m.     S.
No. E-772.)
On December 15, 1916, the United States attorney for the Eastern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 900 cases of canned tomatoes, remaining unsold in the original 
unbroken packages, at Brooklyn, N. Y., alleging that the article had been shipped 
on or about November 13, 1916, by William F. Applegarth, Wingates Point, Md.t 
and transported from the State of Maryland into the State of New York, and 
charging adulteration in violation of the Food and Drugs Act. The article was 
labeled in part, " Four-G Brand Tomatoes."
Adulteration of the article was alleged in substance in the libel for the rea- 
son that a certain substance, to wit, added water, had been mixed and packed 
therewith so as to reduce and lower and injuriously affect its quality and 
strength, and had been substituted in part for tomatoes.
On December 28, 1916, the said William F. Applegarth, claimant, having ad- 
mitted the truth of the allegations of the libel and consented to a decree, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product should be released to said claimant upon the payment 
of the costs of the proceedings and execution of a bond in the sum of $500, in 
conformity with section 10 of the act, conditioned in part that the product should 
not be reshipped or sold or otherwise disposed of without a label which had 
been approved by this department.
C. F. MAEVIN, Acting Secretary of Agriculture. 
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