13803. Adulteration and misbranding of canned tomatoes. U. S. v. 650 
Gases of Canned Tomatoes. Decree of condemnation and forfei- 
ture. Product released under bond. (P. & D. No. 20268. I. S. No. 
14229-v.    S. No. E-5435.)
On July 25, 1925, the United States attorney for the District of Massachu- 
setts, 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 con- 
demnation of 650 cases of canned tomatoes, remaining in the original unbroken 
packages at Haverhill, Mass., alleging that the article had been shipped by the 
Davis Canning Co., from Laurel, Del., October 3, 1924, and transported from 
the State of Delaware into the .State of Massachusetts, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
labeled in part: "Dee Bee Brand Tomatoes * * * Quality First Packed 
By Davis Canning Co. Laurel, Del."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, added water, had been mixed and packed therewith so as to reduce, 
lower, or injuriously affect its quality or strength and had been substituted in 
part for the said article.
Misbranding was alleged for the reason that the statement " Quality First
* * * Tomatoes," together with the cut of a ripe red tomato, borne 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 October 9, 1925, the Davis Canning Co., Laurel, Del., haying appeared as 
claimant for the property and having filed a satisfactory bond, in conformity 
with section 10 of the act; judgment of condemnation was entered, and it was 
ordered by the court that the product might be released to the said claimant 
upon payment of the costs of the proceedings.
C. F. MARVIN, Acting Secretary of Agriculture.