10973.?Adulteration   and   misbranding:   of   tomato   purSe.     TJ.    S.   v.   1,740
Cases   of   Tomato   JPurfee.     Default   decree   of   condemnation,   for??
feiture, and destruction.     (F. & D. No. 15798.    S.  No. C-2914.)
On March 24, 1922, the United States attorney for the Eastern District of?
Louisiana, 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 1,740 cases of tomato puree, remaining unsold in the original?
unbroken packages at New Orleans, La., alleging that the article had been?
?shipped by Sisk & Son, Milton, Del., in part on or about November 1, and in?
part on or about November 3, 1921, and transported from the State of Dela??
ware into the State of Louisiana, and charging adulteration and misbranding?
in violation of the Food and Drugs Act. The article was labeled in part:?
" ' Duke of Maryland ' Brand Tomato Puree * * * Packed by J. B. An??
drews & Co. at Hurlock, Md., U. S. A."
Adulteration of the article was alleged in the libel for the reason that it?
?consisted wholly or in part of a filthy, decomposed, and putrid vegetable sub??
stance.
22300?23?3
538	
BUREAU OF CHEMISTRY.	
[Supplement 150,
Misbranding wag alleged in substance for the reason that the statement, to?
wit, "Packed by J. P. Andrews & Co. at Hurlock, Md., IJ. S. A.," was false?
and misleading and deceived and misled the purchaser.
On May 25, 1922, 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.