5718. Adulteration of tomatoes. U. S. * * * v. 300 Cases of Canned 
Tomatoes. Consent decree of condemnation and forfeiture. Prod- 
uct ordered released on bond. (F. & D. No. 7924. I. S. No. 2823-m. 
S. No. B-773.)
On December 18, 1916, the United States attorney for the District of Massa- 
chusetts, acting upon a'report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel of information 
praying the seizure and condemnation of 300 cases of canned tomatoes, con- 
signed on or about October 20, 1916, and November 1, 1916, remaining unsold 
in the original unbroken packages at Boston, Mass., alleging that the article 
had been shipped by W. B. Robinson & Co., Waterview, Va., and transported 
from the State of Virginia into the State of Massachusetts, and charging 
adulteration in violation of the Food and Drugs Act. The article was labeled 
in part: " Powell Brand Tomatoes. * * * Packed by J. O. Powell, Water- 
view, Va."
Adulteration of the article was alleged in the libel of information for the 
reason that a substance, to wit, added water, had been mixed and packed there- 
with so as to reduce, lower, and injuriously affect its quality and strength, and 
had been substituted in part for tomatoes.
On March 2, 1917, the case having come on to be heard on the libel of in- 
formation and the answer of James O. Powell, Water View, Va., claimant, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product should be delivered to said claimant upon the payment 
of the costs of the proceedings and the execution of bond, in conformity with 
section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.