13256. Misbranding-   of   canned   tomatoes.    U.   S.   v.   150   Cases,   et   al.,   of
Canned Tomatoes.    Consent decree of condemnation and forfei- 
,    ,    ,        ture.    Product released under bond.     (F. & D. No. 19207.    I. S. Nos. 
*   '        3244-V, 3245-v, 3246-v, 3247-v.    S. No. E-5029.)      l
On pecember 4, 1924, the United States attorney for the Southern District 
of Georgia, 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 2,250 cases of canned tomatoes, remaining in the original 
unbroken packages at Savannah, Ga., alleging that the article had been shipped 
by the H. J. McGrath Co., from Baltimore, Md., in various consignments, 
namely, on or about October 21, 24, 28, and 31, 1924, respectively, and trans- 
ported from the State,of Maryland into the State of Georgia, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part; (Can\r "Champion Brand Tomatoes Contents 10 Oz," 
(or?" Contents 1 Lbp,3 Oz.",) "Packed by The H. J. McGrath Co.   Baltimore,
Md/, u. s. A."  ,r YY/> Y ' -
Misbranding of the article was alleged in the libel for the reason that the 
statements " Contents 10 Oz." and " Contents 1 Lb. 3 Oz.," as the case might 
be; hdrne on the labels, were false and misleading and deceived and misled
the purchaser, and for the further reason that the article was food in package 
form and the quantity of the contents was hot plainly and conspicuously 
marked on the outside of the package.
On February 19, 1925, the H. J. McGrath Co., Baltimore, Md., 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 $6,000, in conformity with section 10 of the act, conditioned in part 
that the cans be relabeled to show the exact weight of the contents thereof.
R. W. DUNLAP, Acting Secretary of Agriculture.
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