13487.   Adulteration    and    misbranding    of    canned    tomatoes.       V.    S.    v. 
Andrew J. Lewis.     Plea of guilty.    Fine, SIOO.     (F. & D. No. 19338.
I. S. Nos. 9214-v, 19348-v.)
On March 30, 1925, the United States attorney for the Eastern District of 
?Virginia, acting upon a report by the Secretary of Agriculture, filed in "the 
District Court of the United States for said district an information against 
Andrew J. Lewis, Walnut Point, Va., alleging shipment by said defendant, in 
violation of the food and drugs act, in two consignments, namely, on or 
about August 20 and October 5, 1923, respectively, from the State of Virginia 
into the State of Ohio, of quantities of canned tomatoes which were adulterated 
and misbranded. The article was labeled in part: "(Can) Potomac Brand 
Hand Packed Tomatoes * * * Our Extra Quality Packed By A. J. Lew J 
Walnut Point, Va."
Examination of the article by the Bureau of Chemistry of this department 
showed that it contained added water, puree, pulp and juice from skins and 
cores.
Adulteration of the article was alleged in the information for the reason 
that substances, to wit, water, puree, pulp and juice from skins and cores, 
had been mixed and packed therewith so as to lower and reduce and injuriously 
affect its quality and strength and had been substituted in part for hand- 
packed extra quality tomatoes, which the said article purported to be.
Misbranding was alleged for the reason that the statements " Hand Packed 
Tomatoes" and " Our Extra Quality," together with the design of a fresh, 
ripe tomato, borne on the labels, were false and misleading, in that they 
represented that the article consisted of selected tomatoes of extra quality,
deceive and mislead the purchaser into the belief that it consisted of selected 
tomatoes of extra quality, whereas it did not but did consist of a product com- 
posed in part of added water, added puree, pulp and juice from skins and 
cores.
On April 20, 1925, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $100.
C. F. MARVIN, Acting Secretary of Agriculture.