13876. Misbranding of canned tomatoes.    U. S. v. 571 Cases of Canned To 
matoes.    Default   decree   of  condemnation,   forfeiture,  and   sale.
(F. & D. No. 20341.    I. S. No. 10229-x.    S. No. C-5019.)
On August 11, 1925, the United States attorney for the Northern District of 
Ohio, 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 571 cases of canned tomatoes, remaining in the original un- 
broken packages at Cleveland, Ohio, alleging that the article had been shipped 
by Wm. Silver & Co., York, Pa., on or about January 26, 1925, and, transported 
from the State of Pennsylvania into the State of Ohio, and charging mis- 
?>randing in violation of the food and drugs act as amended. A portion of 
the article was labeled in part: (Can) "Satisfactory Brand Tomatoes Wm. 
Silver & Co. Inc. Distributors Aberdeen, Md.    Contents 1 Lb. 3 Oz."
Misbranding of the article was alleged in the libel for the reason that the 
statement borne on the label "1 Lb. 3 Oz." -was 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 not plainly and 
conspicuously marked on the outside of the package.
On November 16, 1925, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
-court that the cans labeled "Satisfactory Brand" be separated from the 
remainder and the label corrected to read "Contents 1 Lb.," and the entire 
lot sold by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.