10163. Adulteration and misbranding of canned tomatoes. TJ. S. * * *?
v. 407 Cases of Canned Tomatoes. Decree ordering product re??
leased   under   bond.     (F.   &   D.   No.   13688.    I.   S.   No.   8623-t.    S.   No.
E-2744.)
On or about September 22, 1920, the United States attorney for the Northern?
District of West Virginia, 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 497 cases of canned tomatoes, remaining unsold In?
the original packages at Wheeling, W. Va., alleging that the article had been?
shipped by W. M. Wright & Son, Preston, Md., on or about July 28, 1920, and?
transported from the State of Maryland into the State of West Virginia, 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 it con??
tained added water averaging 15 per cent or more.
Misbranding was alleged in substance for the reason that the labels of the?
cans containing the article bore the following statement regarding the contents?
thereof, "Collins Brand Tomatoes" (design of a red ripe tomato) "Contents 2?
lbs., Packed by F. M. Collins, Preston, Md.," which statement was false and?
misleading and was intended to deceive and mislead the purchaser in that the?
-said cans did not contain tomatoes in the condition represented by the said?
?statement. Misbranding was alleged for the further reason that the said?
article was an imitation of, and was offered for sale under the distinctive name?
of, another article.
On April 6, 1921, F. M. Collins, Preston, Md., claimant, having offered to pay?
the costs of the proceedings, having tendered a bond in the sum of $500, in con??
formity with section 10 of the act, and having offered to relabel the product by?
placing across the design of a red ripe tomato a sticker containing the words,-?
" Water added not to exceed average 15 per cent," judgment of the court was?
entered approving the said bond and ordering that the product be delivered to?
the said claimant upon payment of the costs of the proceedings.
C. W. PUGSLEY, Acting Secretary of Agriculture.
88	
BUEJSAU  OF  CHEMISTRY.	
[Supplement 134,