5575.?Adulteration   and   mislu'tiiiding'   of   canned   tomatoes.     V.   S.     *     *      *
v. 67S Oases of Canned Tomatoes. Consent decree of condemna??
tion and forfeiture.     Product  released  on bond.     (P. & D. No.  12391.
I. S. No. 663-r.     S. No. E-20.S0.)
On May 3. 1920. the United States attorney for the Southern District of?
New York, 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 67S cases, containing 24 cans each, of canned tomatoes, re??
maining unsold in the original unbroken packages at New York, N. Y., alleging?
that the article had been shipped by the California Cooperative Canneries, San?
Jose, Calif., October 24, 1919, and transported from the State of California?
into the  State of New York,  and charging adulteration 'and  misbranding in
44	
BUREAU   OF   CHEMISTRY.	
[Supplement 102,
violation of the Food and Dregs Act. The article was labeled in part, "Cock?
O' The Walk Tomatoes with added tomato juice * * * " (design of red ripe?
tomato).
Adulteration of the article was alleged in the libel for the reason that a?
substance, to wit, tomato pulp, had been mixed and packed with, and substi??
tuted wholly or in part for, tomatoes.
Misbranding was alleged in substance for the reason that the statement?
" Tomatoes with added tomato juice " and the design of a ripe tomato on the?
cans, and the statement " Standard Tomatoes " on the shipping eases, regard??
ing the article and the ingredients and substances contained therein, were mis??
leading and deceived and misled the purchaser, and for the further reason that?
the article was an imitation of, and was offered for sale under the distinctive?
name of, another article, to wit, canned tomatoes.
On September 21, 1920, Silas A. Birdsong, Thomas H. Birdsong, and George?
F. Birdsong, trading as Birdsong Bros., New York, N. Y., claimants, having?
admitted the allegations of the libel and consented to a decree, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product be released to said claimants upon payment of the costs of the?
proceedings and the execution of a bond in the sum of $600, in conformity with?
section 10 of the act, conditioned in part that the product be relabeled under?
the supervision of this department as " Tomatoes with added Tomato Puree."
B. D. BALL, Acting Secretary of Agriculture.