7824. Adulteration and misbranding- of canned tomatoes. XT. S. * * * v. 
600 Cases of Rose Hill Brand Tomatoes. Decree of condemnation 
and forfeiture.     Product ordered released under bond.     (F. & D. No.
11640.    I. S. No. 15125-r.    S. No. E-1838.)
On November 25, 1919, the United States attorney for the Eastern District 
of Pennsylvania, 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 600 cases of Rose Hill Brand tomatoes, remaining unsold 
in the original unbroken packages at Philadelphia, Pa., alleging that the article 
had been shipped on or about October 5, 1919, by Charles Webster, Sharptown, 
Md., and transported from the State of Maryland into the State of Pennsylvania, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part, " Rose Hill Brand Tomatoes * * * 
Packed by Chas. Webster at New Market, Dorchester Co., Md."
Adulteration of the article was alleged in the libel for the reason that water 
had been mixed and packed with the tomatoes so as to reduce, lower, and 
injuriously affect their quality and strength.
Misbranding of the article was alleged for the reason that the labels bore 
the statement, "Rose Hill Brand Tomatoes," regarding the article and the in- 
gredients and substances contained therein, which was false and misleading in 
that the above statement indicated to the purchaser that the package contained 
tomatoes, whereas added water had been mixed and packed therewith.
On December 22,1919, Charles Webster, claimant, having consented to a decree 
and admitted the averments of the libel, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be released 
to said claimant upon the payment of the costs of the proceedings and the execu- 
tion of a bond in the sum of $3,000, in conformity with section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.