14511. Adulteration  and alleged  misbranding  of  canned  tomatoes.     V.   S.
v. 25 Cssses of Tomatoes. Default decree of condemnation, for- 
feiture and destruction.     (F. & D. No. 19413.    I. S. No. 13211-v.    S. No.
E-5068.)
On December 26, 1924, the United States attorney for the Northern District 
of New York, 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 25 cases of tomatoes, at Syracuse, N. Y., alleging that the
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article had been shipped by W. E. Robinson, Laurel, Del., on or about Sep-' 
tember 22. 1924. and transported from the State of Delaware into the State of 
New York, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: "Dee Bee Brand 
Tomatoes    *    *    *    Packed By Davis Canning Co.   Laurel, Del. U. S. A."
Adulteration of the article was alleged in the libel for the reason that water 
had been mixed and packed therewith so as to reduce, lower, or injuriously 
affect its quality and strength and had been substituted wholly or in part for 
the  said article. 
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Misbranding was alleged for the reason that the statement " Tomatoes" 
t)orne on the label, was false and misleading, and deceived and misled the 
purchaser, and for the further reason that it was sold under the distinctive 
name of another article. 
On August 21, 1925, no claimant having appeared for the property, a decree 
was entered, adjudging the product to be adulterated and ordering its con- 
demnation and forfeiture, and it was further ordered by the court that the 
said product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.