7838. Adulteration and 'mislnanilinf? of canned tomatoes. * U. S. * * * v. 
2,132 Oases of Canned Tomatoes. Consent Hv-ov^e: of condemnation 
and forfeiture. Prod net released on bond. (F. & D. No. 12072. I. S. 
Nost 9091-r, 9092-r.    S.  No. C-1G80.)
On January 17, 1920, the United States, attorney for the Eastern District of 
Missouri, 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 ?,132 cases of canned tomatoes, remaining unsold in the 
original unbroken packages at St. Louis, Mo., alleging that the article had been 
shipped on October 31, 1919, and November 3, 1919, by the Chino Canning Co., 
Chino, Calif., and 'transported from the State of California into the State of 
Missouri, and charging adulteration and misbranding in violation of the Food 
and Drugs Act.
Adulteration of the article was alleged in the libel in that tomato pulp had been 
mixed and- packed with, and substituted in part for, canned tomatoes.
Misbranding of the-article was alleged in the libel in that the statements on 
the label on the cans containing the article, to wit, '? La Segunda Brand Table 
Quality Tomatoes " (picture of whole tomato) " California Grown with Pure 
Tomato Juice Where Everything Grows Chino Canning Company Chino Calif. 
Net Contents 1 lb. 12 oz," were false and misleading, and deceived and misled 
the purchaser into the belief that the product consisted wholly of tomatoes,
whereas it contained tomato pulp. It was further misbranded in that the 
product was an imitation of, and sold under the distinctive name of, another 
article.
On March 10, 1920, the Chino Canning Co., Chino, Calif., having consented to 
n decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be delivered to the claimant on the pay- 
ment of the costs of the proceeding and the execution of a bond, in conformity 
with section 10 of the act.
E. D. BALL, Acting1 Secreiahj of Agriculture.