13189. Adulteration   and   misbrandings   of   canned   tomatoes.     U.   S.   v.   999
Cases of Canned Tomatoes.     Consent deeree of condemnation and 
forfeiture.     Product released under bond to be relabeled.     (F.  &
D. No. 19390.    I. S. No. 13203-v.    S. No. E-5056.)
On December 17, 3924, the United States attorney for the Southern District 
of New York, 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 999 cases of canned tomatoes, remaining in the 
original unbroken packages at New York, N. Y., alleging that the article had 
been shipped by W. E. Robinson & Co., from Laurel, Del., on or about October 
16, 1924, and transported from the State of Delaware into the State of New 
York, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: (Can) "Dee-Bee Brand Tomatoes 
*    *    *    Quality First Packed By Davis Canning Co. Laurel, Del. U. S. A."
Adulteration of the article was alleged in the libel for the reason that a 
substance, added water, had been mixed and packed therewith so as to reduce, 
lower, or injuriously affect its quality and strength and had been substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the designation " Tomatoes " 
was false and misleading and deceived and misled the purchaser, and for the 
further reason that it was offered for sale under the distinctive name of another 
article.
On March 13, 1925, the Davis Canning Co., Laurel, Del., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $2,000, in conformity with section 10 of the act, conditioned in part 
that it be relabeled " Water 50% Tomatoes 50% These tomatoes were canned 
with an additional equal amount of water Packed by Davis Canning Co. 
Laurel, Del. Canned Tomatoes Should Be Packed In their Own Juice Without 
Added Water" and be disposed of after such relabeling to the satisfaction of 
this. department.
It. W. DUNLAP, Acting Secretary of Agriculture.