9505. Adulteration and Misbranding of canned tomatoes.     U. S.     *     *     * v.
950 Cases of * * * Canned Tomatoes. Default decree of con- 
demnation, forfeiture, and  sale or destruction.     (F.  & D.  No.   1377(5..
I.  S. No. 3554-t.    S. No.  C-2547.)
On October 12, 1920, the United States attorney for the District of Minnesota,, 
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
950 cases of canned tomatoes, remaining in the original unbroken packages at 
Minneapolis, Minn., alleging that the article had been shipped by the West River 
Canning Co., Galloways, Md., on or about August 15,1920, and transported from 
the State of Maryland into the State of Minnesota, and charging adulteration 
and misbranding in violation of the Food and. Drugs Act, as amended. The 
article was labeled in part: (Can) "Pride Of Arundel Brand Tomatoes" (de- 
sign showing whole tomato) " Contents 1 Lb. 3 Oz. * * * Packed By1 West 
River Canning Co. Incorporated Galloways, Md."
Adulteration of the article was alleged in the libel for the reason that water 
had been mixed and packed with, and substituted in part for, the said article.
Misbranding was alleged for the reason that the statement " Tomatoes," to- 
gether with the design showing a whole tomato, was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form, and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the quantity stated was not correct.
On June 20, 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 sold or destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.