13424. Adulteration and misbranding of canned tomatoes. XJ. S. v. 349 
Cases, et al., of Tomatoes. Consent decree of condemnation and 
forfeiture.    Product released under bond to be relabeled.     (F. &
D. No. 19471.    I. S. Nos. 15517-v, 15518-v.    S. No. E-5098.)
On January 7, 1925, the United States attorney for the Western District 
of Pennsylvania, 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 448 cases of tomatoes, at Tyrone, Pa., consigned 
in interstate commerce from Laurel, Del., alleging that the article had been 
shipped by the Davis Canning Co., on or about September 22, 1924, into the 
State of Pennsylvania, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: (Can) "Dee Bee 
Brand Tomatoes Packed By Davis Canning Co.    Laurel, Del."
Adulteration of the article was alleged in the libel for the reason that 
a substance, added water, had been mixed and packed with and 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 May 23, 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 $800, in conformity with section 10 of the act, conditioned that it be 
relabeled in part: " Water 50% Tomatoes 50% These tomatoes were canned 
with an additional equal amount of water.    Patked by Davis Canning Co.
out Added Water."
R. W. DUXLAP, Acting Secretary of Agriculture.