9573. Adulteration and Misbranding of canned tomatoes. U. S. * * * 
v. 1,000 Cases of Canned Tomatoes. Consent decree finding prod- 
uct to be adulterated and misbranded. Product released under 
bond.     (F. & D. No. 14217.    I. S. Nos. 6301-t, 7507-t.    S. No. E-3049.)
On January 20, 1921, the United States attorney for the District of Connecti- 
cut, 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 condem- 
nation of 1,000 cases of canned tomatoes, remaining unsold in the original 
unbroken packages at New Haven, Conn., alleging that the article had been 
shipped by Libby, McNeill & Libby, Wyoming, Del., on or about May 27, 1920, 
and transported from the State of Delaware into the State of Connecticut, and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Can) " * * * Happy-Vale Brand Tomatoes 
*   *   *   Guaranteed by and Packed for Emery Food Co.   Main Office   Chicago."
Adulteration of the article was alleged in the libel for the reason that it con- 
tained added tomato pulp, which had been mixed and packed with, and substi- 
tuted wholly or in part for, the said article. Adulteration was alleged ?or the 
further reason that the article was mixed in a manner whereby damage and 
inferiority were concealed.
Misbranding was alleged in substance for the reason that the statement on 
the label of each can thereof, to wit, " Happy-Vale Brand Tomatoes," together 
with a design showing a whole ripe tomato, was false and misleading and de- 
ceived 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 April 9, 1921, the Emery Food Co., Chicago, Ill., having filed its claim and 
answer admitting the allegations of the libel with the exception of the allegation 
relative to the Adulteration of the product, and having consented to a decree, 
judgment was entered finding the product adulterated and misbranded, and it 
was ordered by the court that it be released to the said claimant upon payment 
of the costs of the proceedings and the execution of a bond in the sum of $2,123, 
in conformity with section 10 of the act, conditioned in part that the article be 
relabeled by placing on each of the cans containing the same a label bearing the 
statement, " Tomatoes with Puree from Trimmings."
C. W. PUGSLEY, Acting Secretary of Agriculture.