9004. Adulteration and Misbranding of tomatoes.   U. S.   *   *   *   v. 350 Cases of Tomatoes. 
Consent decree of condemnation and forfeiture.   Product ordered cisleased on bond.
(F. & D. Nos. 11871, 11872, 11873. I. S. No. 13989-r. S. No. E-1922.)
On January 7, 1920, the United States attorney for the Eastern 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 350 cases 
of canned tomatoes, remaining unsold in the original unbroken packages at Brooklyn,' 
N. Y., alleging that the article had been shipped by Charles Webster, from Sharps^ 
town, Md., and transported from the State of Maryland into rheostat of New York, 
the consignment arriving between December 3, 1919, and December 11, 1919, and 
charging adulteration and misbranding in violation of the Food and Drugs Act.   The
article was labeled in part, "Rose Hill Brand Tomatoes.    Packed by Chas. Webster, 
at East New Market, Md."
Adulteration of the article was alleged in the libel for the reason that added water 
had been mixed and packed with and substituted wholly or in part for tomatoes.
Misbranding was alleged in substance for the reason that the package .or label of the 
article bore statements, designs, and devices regarding said, article or the ingredients 
or substances contained therein, to wit, "Rose Hill Brand Tomatoes," and a cut of a 
whole ripe tomato, which were false and misleading and deceived and misled the 
purchaser, and for the further reason that the said article was an imitation of, and 
offered for sale under the distinctive name of, another and different-article.
On March 3, 1920, the said Charles Webster, claimant, having admitted the truth 
of 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 claimant upon the payment of the costs of the proceedings and the execution 
of a bond in the sum of $900, in conformity with section 10 of the act, conditioned in 
part that the product be relabeled by said claimant at his own expense, under the 
supervision of this department.
E. D. BALL, Acting Secretary of Agriculture.