14548. Adulteration and misbranding of canned tomatoes. U. S. v. 234 Cases of Tomatoes. Consent decree of condemnation and for- feiture. Product released under bond. (F. & D. No. 19519. I. S. No. 13492-v. S. No. E-5108.) ;, On January 22, 1925, the United States attorney for the Middle District of Pennsylvania, 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 234 cases of tomatoes, remaining in the original un- broken packages at Wilkes-Barre, Pa., alleging that the article had been shipped by the Davis Canning Co., from Laurel, Del., on or about September 24, 1924, and transported from the State of Delaware into the State of Penn- sylvania, 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 a substance, added water, had been substituted wholly or in part for the said article, and had been mixed and packed therewith so as to reduce, lower or injuriously affect its quality or strength. ~: Misbranding was alleged for the reason that the statement "Tomatoes," borne on the label, was false and misleading and deceived and misled the purchaser. On March 9, 1925. the Davis Canning Co., Laurel, Del., claimant, having ad- mitted the allegations of the libel and having consented to the entry of a de- cree, judgment of condemnation and forfeiture was entered, and if was ordered by the court that the product be released to the said claimant upon payment of the costs of the proceedings and execution of a bond in the sum of $400, con- ditioned in part that it be relabeled "Water 50%. Tomatoes 50% * ?*' * These Tomatoes Were Canned With An Additional Equal Amount Of Water * * * Packed by Davis Canning Co. Laurel, Del. Canned Tomatoes Should Be Packed In Their Own Juice Without Added Water." W. M. JARDINE, Secretary of Agriculture. ' '289