i)35G. Adulteration and Misbranding of canned tomatoes. U. S. * * * v. 
70 Cases of Canned Tomatoes. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 12872. I. S. No. 421-r. S. No. 
E-2341.)
On June 18, 1920, the United States attorney for the District of Rhode Island, 
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 70 cases of canned tomatoes, consigned by the Phillips Packing Co., Cam- 
bridge, Md., remaining unsold in the original unbroken packages at Providence, 
II. I., alleging that the article had been shipped from Cambridge, Md., on or 
about December 2, 1919, and transported from the State of Maryland into the 
State of Rhode Island, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Castle Haven 
Brand Tomatoes. * * * Our First Quality Carefully Selected Packed For 
Fine Family Trade Contents Weigh 1 Lb. 3 Oz. Packed By Phillips Packing 
Co., Cambridge, Md. U. S. A."
Adulteration of the article was alleged in substance in the libel for the 
reason that tomato pulp had been mixed and packed with, and substituted 
wholly or in part for, the article.
Misbranding was alleged in substance for the reason that the statements, 
" Canned Tomatoes," " Tomatoes * * * Our First Quality Carefully Se- 
lected * * *," and the design of a whole ripe tomato appearing on the 
label, were false and misleading 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 March 31, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
B. D. BALL, Acting Secretary of Agriculture.