14284. Misbranding: of canned tomatoes. U. S. v. 599 Cases of Canned 
Tomatoes. Decree of condemnation and forfeiture. Product re- 
leased under bond.    (P. & D. No. 20817.    I. S. No. 7168-x.     S. No. E-5629.)
On or about February 8, 1926, the United States attorney for the District 
of Connecticut, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying 
seizure and condemnation of 599 cases of canned tomatoes, remaining in the 
original unbroken packages at Bridgeport, Conn., alleging that the article had 
been shipped by the Rehoboth Packing Co., Rehoboth, Del., on or about Novem- 
ber 3, 1925, and transported from the State of Delaware into the State of 
Connecticut, and charging misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: (Can) " Pride of Rehoboth Brand 
Tomatoes Contents 2 Lbs., 2 Ozs. Packed By The Rehoboth Packing Co. 
Rehoboth, Del."
Misbranding of the article was alleged in the libel for the reason that the 
statement upon the label, to wit, " Contents 2 Lbs., 2 Ozs.," 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, since 
the statement made was not correct.
On March 16, 1926, Thomas Roberts & Co., Philadelphia, Pa., having ap- 
peared   as  claimant  for   the  property,   judgment   of  condemnation   and   for-
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon payment of the costs of the proceedings 
and the execution of a good and sufficient bond, conditioned in part that it 
not be sold or otherwise disposed of contrary to law.
W. M. JAKDINE, Secretary of Agriculture.   '