12079. Misbranding of canned tomatoes.    U.  S.  v.  578 Cases  of Tomatoes.
Default    decree    of   condemnation,    forfeiture,    and    destruction
(F. & D. Nos. 18080, 18081.    I. S. No. 798-v.    S. No. E-4594.)
On December 1, 1923, the United States attorney for the Eastern District oi 
South Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying the 
seizure and condemnation of 578 cases of tomatoes, at Charleston, S. C., alleg- 
ing that the article had been shipped by Arrington Bros., from Montvale, Va., 
September 29, 1923, and transported from the State of Virginia into the State
of South Carolina, and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: (Can) "Smyrna Special Brand 
* * * Hand Packed Tomatoes Contents 2 Pounds * * * Packed By Ar- 
rington  Bros  Montvale,   Va."
Examination of a sample of the article by the Bureau of Chemistry of this 
department showed that the said cans contained less than 2 pounds of the said 
article.
Misbranding of the article was alleged in the libel for the reason that the 
statement appearing on the labels. " Contents 2 Pounds," was false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged for 
tbe further reason that the article was [food] in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
packages.
On January 21, 1924. 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.
HOWARD M. GORE, Acting Secretary of Agriculture.