7088.  Adulteration and misbranding' of canned tomatoes.    TJ. S.   *    *    *   v.
2,000 Cases off Canned Tomatoes. Consent decree of condemnation, 
and forfeiture. Product released on bond. (F. & 1>. Nos. 11903, 
12122.    I. S. Nos. 3S~r, 39-r.    S. Nos. E-1926, E-1928.)
On January 28, 1920, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels for the seizure and con- 
demnation of 2,000 cases of canned tomatoes, remaining unsold in the original 
unbroken packages at Jersey City, N. J., alleging that the articles had been 
shipped on or about November 17 and 29, 1919, by Charles Webster, Sharptown, 
Md., and transported from the State of Maryland into the State of New Jersey, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act.   The article was labeled in part, " lona Brand Tomatoes."
Adulteration of the articles was alleged in the libel in that water had been 
mixed and packed with, and substituted wholly or in part for, the articles. 
Further adulteration of the November 17, 1919, shipment was alleged in that 
water had been mixed and packed with the article so as to reduce, lower, and 
injuriously affect the quality and strength of the article.
Misbranding of the article was alleged in that the cans bore statements, 
d< signs, and devices regarding the article and the ingredients and substances 
contained therein, which were false and misleading and deceived and misled the 
purchaser by representing the product to bo canned tomatoes, whereas it con- 
tained added water. It was further misbrauded in that it was an imitation of, 
and was offered for sale under the distinctive name of, another article.
On May 18, 1920, Cliarles Webster, claimant, having consented to a decree 
in both cases, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of U\e costs in the proceedings and the filing of a bond, in conformity with sec- 
ri"n 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.