13243. Adulteration, and misbranding- of canned tomatoes. TJ. S. v. 902 Cartons of Canned Tomatoes. Consent decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. No. 19382. I. S. No. 9613-v. S. No. C-4046.) On December 15, 1924, .the United States attorney for the Northern District of Ohio, 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 992 cartons of canned tomatoes, at Canton, Ohio, alleging that the article had been shipped by the H. J. McGrath Co., Baltimore, Md., on or about October 13, 1924, and transported from the State of Maryland into the State of Ohio, and charging adulteration and misbranding in violation of the food and drugs act as amended. The article was labeled in part: (Can) "McGrath's Tomatoes Champion Brand Packed by The H. J. McGrath Co. Baltimore, Md. U. S. A. Contents 1 Lb. 3 Oz." Adulteration of the article was alleged in the libel for the reason that a sub- stance, water, had been substituted wholly or in part for the said article and had been mixed and packed therewith so as to reduce, lower, or injuriously affect its quality or strength. Misbranding was alleged for the reason that the label bore the statement " Contents 1 Lb. 3 Oz.," which was false and misleading and deceived and misled the purchaser. Misbranding was alleged for the further reason that the article was in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package. On or about April 2, 1925, the H. J. McGrath Co., Baltimore, Md., having appeared as claimant for the property 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 good and suffi- cient bond, in conformity with section 10 of the act, conditioned in part that it be relabeled in compliance with the law. R. W. DTJNLAP, Acting Secretary of Agriculture.