13434.   Adulteration   and   misbranding   of   canned   tomatoes.     TJ.   S.   v. 617
Cases   of  Canned   Tomatoes.     Consent   decree   of   condemnation and
forfeiture.     Product released under bond.     (F. & D. No. 20008. I. S. 
No. 15601-v.    S. No. E-5290.)
On April 16, 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 617 cases of canned tomatoes, at Pittsburgh, Pa., 
alleging that the article had been shipped by Thomas Roberts & Co., Inc.,
State of Maryland into the State of Pennsylvania, and charging adulteration 
and misbranding in violation of the food and drugs act. The article consisted 
of live brands of tomatoes, labeled in part, respectively: (Can) "Maryland's 
Finest Brand Tomatoes Packed By The Shannahan Canning Co. McDaniel, 
Md." ; " Rich Neck Brand Tomatoes Packed By Carroll & Warner, McDaniel, 
Md." ; " Yum-Yum Tomatoes" ; " S-C-S Brand Tomatoes Extra Standard 
* * * Packed By The Shannahan Canning Co. McDaniel, Md."; and 
" Soughtafter Brand Tomatoes."
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 wa's alleged for the reason that the designation " Tomatoes," 
together with the cut of a red ripe tomato, appearing on the labels, was false 
and misleading and deceived and misled the purchaser, and for the further 
reason that the article was offered for sale under the distinctive name of 
another article. 
On May 15, 1925, Thomas Roberts & Co. (Inc.), McDaniel, Md., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree of condemnation and forfeiture, judgment of the court was entered,' 
ordering the release of the product 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 
under the supervision of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.