9482. Adulteration and Misbranding of tomatoes. V. S. * * * v. 18 
Cases of Tomatoes. Default decree of condemnation, forfeiture, 
and destruction.    (F. & D. No. 14012.    I. S. No. 6479-t.    S. No. E-2922.)
On December 18, 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 18 cases, each case containing a number of cans of 
tomatoes, remaining unsold in the original unbroken packages at Brooklyn, 
N. Y., alleging that the article had been shipped by W. M. Wright & Sons, 
Blanchard, Del., and transported from the State of Delaware into the State of 
New York, and was received at Brooklyn, N. Y., on or about September 18, 
1920, and charging adulteration and misbranding in violation of the Food 
and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that 
water had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and strength, and had been substituted in part 
for tomatoes, which the article purported to be, and for the further reason that 
it was mixed in a manner whereby damage or inferiority was concealed.
Misbranding was alleged in substance for the reason that the label on the 
cans containing the article bore the statement regarding the said article and the 
ingredients or substances contained therein, to wit, " Right Brand Tomatoes," 
together with a design showing a ripe tomato, which were false and mislead- 
ing 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.
On June 3, 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.
C.   W.   PUGSLEY,
Acting Secretary of Agriculture.