12632. Misbranding   of   canned   tomatoes.     IT.   S.   v.   400   Cases   of   Canned
Tomatoes.    Judgment    ordering:    product    released    under   bond.
(F. & D. Nos. 18274, 1S275.    I. S. No. 16502-v.    S. No. B-4726.)
On January 26, 1924, the United States attorney for the Western District 
of North 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 400 cases of canned tomatoes, at Greens- 
boro, N. C. alleging that the article had been shipped by Arrington Bros., 
Montvale, Va., October 20, 1923, and transported from the State of Virginia 
into the State of North Carolina, and charging misbranding in violation of 
the food and drugs act as amended. The article was labeled in part: (Can) 
" Smyrna Special Brand Tomatoes Contents 2 Pounds Packed By Arrington 
Bros., Montvale, Va."
Misbranding of the article was alleged in the libel for the reason that the 
statement, " Contents 2 Pounds," was false and misleading and deceived and 
misled the purchaser, and for the further reason that it was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On April 10, 1924, the Veazy Chambers Co. and Patterson Bros., Greens- 
boro. N. C, having appeared as claimants for respective portions of the 
article, and the said claimants having paid the costs of the proceedings and 
executed a bond in the sum of $1,000, in conformity with section 30 of the 
act, conditioned in part that the product should be relabeled, and the prod- 
uct having been delivered to the claimant, it was ordered by the court 
that the case be dismissed.
HOWAED M. GOBE, Secretary of Agriculture.