7829. Adulteration and misbranding; o? eanned tomatoes.    If. S.   *    *   *   T.
1,996 Cases of Dake of Maryland Brand Tomatoes.    Decree ?? con- 
demnation and forfeiture.     Product released under bond.     (P. & D.
Nos. 11555, 11556.    I. S. Nos. 15942-r, 15944-r.    S. Nos. E-1899, E-1900.)
On December IG, 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 1,996 cases of Duke of Maryland Brand Tomatoes, remaining 
unsold In the original unbroken packages at Philadelphia, Pa., alleging that the 
article had been shipped on or about September 23 and October 24, 1919, by 
J. B. Andrews & Co., Hurlock, Md., and transported from the State of Mary- 
land into the State of Pennsylvania, and charging adulteration and misbranding 
under the Food and Drugs Act. The article was labeled in part, " Duke of 
Maryland Brand Tomatoes Packed by J. B. Andrews, Hurlock, Md."
Adulteration of the article was alleged in the libel for the reason that tomato 
pulp had been mixed and packed with, and substituted wholly or in part for, 
canned tomatoes, which the article puiported to be, and that the article con- 
tained tomato pulp which was filthy, putrid, and decomposed.
Misbranding of the article was alleged for the reason that the statement, 
" Duke of Maryland Brand Tomatoes," and design showing whole ripe tomatoes, 
regarding the article and the ingredients and substances contained therein, 
were false and misleading in that tomato pulp had been mixed and packed with, 
and substituted wholly or in part for, the tomatoes.
On March 1, 1920, J. B. Andrews & Co., claimant, having consented to a 
decree and filed a stipulation admitting the averments of the libel, a decree of 
condemnation and forfeiture 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 execution of a bond in the sum of $5,000, in conformity with 
section 10 of the act.
E. D. BATX, Acting Secretary of Agriculture.