14111. Misbranding and alleged adulteration of canned tomatoes.    U. S. v.
775 Cases and 45 Cases of Canned Tomatoes.     Consent decrees of 
condemnation and forfeiture.     Product released under bond.     (F.
&  D.   Nos.   20184,   20231.     I.   S.   Nos.   24788-v,   24789-v.     S.   Nos.   C-3022, 
C-3023-a.)
On or about July 28 and August 5, 1925, the United States attorney for the 
Southern District of Texas, acting upon reports by the Secretary of Agri- 
culture, filed in the District Court of the United States for said district 
libels praying the seizure and condemnation of 820 cases of canned tomatoes, 
in part at Corpus Christi, Tex., and in part at Houston, Tex., alleging that the 
article had been shipped by the Theobald, Berger Co., from Los Angeles, 
Calif., on or about December 30, 1924, and transported from the State of 
California into the State of Texas, and charging adulteration and misbrand- 
ing in violation of the food and drugs act. The article was labeled in part: 
(Case) " Sugarland Brand Tomatoes With Puree," (can) " Sugarland Brand 
Tomatoes Highest Quality."
Adulteration of the article was alleged in the libels for the reason that 
tomatoes with puree from trimmings had been mixed and packed with and 
substituted in part for the said article.
Misbranding was alleged for the reason that the statement " Sugarland 
Brand Tomatoes Highest Quality," borne on the labels, was false and mis- 
leading and deceived and misled the purchaser.
On January 6 and 19, 1926, respectively, George W. Wilson Co., Inc., San 
Antonio, Tex., having appeared as claimant for the property and having con- 
sented to the entry of decrees, judgments of the court were entered, finding 
the product misbranded and ordering its condemnation and forfeiture, and it 
was further ordered by the court that the said product be released to the 
claimant upon payment of the costs of the proceedings and the execution of 
bonds in the aggregate sum of $3,250, conditioned in part that it not be sold 
or disposed of in violation of the law.
R. W. DUNLAP, Acting Secretary of Agriculture.