13421. Adulteration and misbranding of canned tomatoes.     V. S. v.  1,000
Cases, et al., of Canned Tomatoes. Decree of condemnation and 
forfeiture. Product released nnder bond. (F. & D. Nos. 19430, 
19431.    I. S. No. 3730-v.    S. No. B-5072.)
On or about January 2 and 7, 1925, respectively, the United States attorney 
for the Southern District of Florida, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying the seizure and condemnation of 1,200 cases of canned tomatoes, 
remaining unsold in the original unbroken packages at Jacksonville, Fla., al- 
leging that the article had been shipped by the EL J. McGrath Co., from Balti- 
more, Md., on or about October 7, 1924, and transported from the State of 
Maryland into the State of Florida, and charging adulteration and misbrand- 
ing in violation of the food and drugs act. The article was labeled in part: 
"Tomatoes * * * Packed by The H. J. McGrath Co. Baltimore. Md.. 
U. S. A." 
Adulteration of the article was alleged in the libels for the reason that a 
substance, added water, had heen substituted wholly or in part for the said 
article and had been mixed and packed therewith so as to reduce, lower, or in- 
juriously affect its quality or strength.
Misbranding was alleged for the reason that the statement " Tomatoes," 
borne on the label, was false and misleading and deceived and misled the pur- 
chaser, and for the further reason that the article was offered for sale under 
the distinctive name of another article.
On April 10, 1925, the H. J. McGrath Co., Baltimore, Md., having appeared as 
claimant for the property and having admitted the allegations of the libels, 
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 $5,000, 
in conformity with section 10 of the act, conditioned in part that it be correctly 
and accurately relabeled.
R. W. DUNLAP, Acting Secretary o? Agriculture.