14713. Adulteration   and   misbranding   of   canned   tomatoes.     TJ.   S.   v.   880
Cartons, et al., of Canned Tomatoes. Decrees of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 21325 
I. S. Nos. 13691-x, 13692-x, 13693-x, 13694-x.    S. No. E-5879.)
On October 13, 1926, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying seizure and 
condemnation of 3,505 cartons of canned tomatoes, remaining in the original 
unDroken packages at Philadelphia, Pa., consigned by the Burlington County 
Canning Co., Vincentown, N. J., alleging that the article had been shipped from 
Vincentown, N. J., in various consignments, on or about August 25 and 31 
and September 10 and 16, 1926, respectively, and transported from the State of 
New Jersey into the State of Pennsylvania, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled 
m part: "Tomatoes."
It was alleged in the libels that the article was adulterated, in that a sub- 
stance, added puree, pulp or juice from skins and cores had been mixed and 
packed therewith so as to reduce, lower, and injuriously affect its quality and 
strength and had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Tomatoes," 
borne on the label, 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 18, 1926, Felix Spatola & Sons, Philadelphia, Pa., having ap- 
peared as claimant for the property, judgments of condemnation and forfeiture 
were 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 execu- 
tion of a bond in the sum of $7,800, conditioned in part that it be relabeled 
under the supervision of this department.
W. M. JABDINB, Secretary of Agriculture.