Sl44. Adulteration, and misbranding' of canned tomatoes. IT. S. * * * v.?
530 Cases of Canned Tomatoes Labeled " Collins Brand Tomatoes?
Contents 2- lb." Consent decree of condemnation and forfeiture.?
Product released on bond.     (F. & D. Nos. 11509, 11510.     I. S. No. 15933-r.
S.  No. E-1S39.)
? On November 5, 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 530 cases of Collins Brand tomatoes, remaining unsold in the?
original unbroken packages at Philadelphia, Pa., consigned by W. M. Wright,?
Geneys Wharf, Md., alleging that the article had been shipped on or about?
September 26, 1919, from Geneys Wharf, Md., and transported from the State?
of Maryland into the State of Pennsylvania, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The article was labeled in?
part, " Collins Brand Tomatoes   Packed by F. M. Collins, Preston, Md."
Adulteration of the article was alleged in the libel in that water and seepage?
from cores and trimmings had been mixed and packed with, and substituted?
wholly or in part for, canned tomatoes.
Misbranding of the article was alleged in that the statment on the labels of?
the cans containing the article, concerning the article, to wit, "Tomatoes," was?
false and misleading in that the statement represented that the article was to-
106	
BUREAU   OF   CHEMISTRY.	
[Supplement 93,
matoes, whereas, in truth and in fact, the article consisted of tomato 3"ice or?
seepage from cores and trimmings and added water.
On November 24, 1919, F. M. Collins, claimant, having consented to a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be released to the claimant upon the payment of the?
costs of the proceedings and the execution of a bond, in conformity with section?
30 of the act, conditioned in part that the product be relabeled, under the super??
vision of a representative of this department.?
E. D. BALL, Acting Secretary of Agriculture.