15500. Adulteration of canned tomatoes. V. S. v. 1,378 Cases of Canned 
Tomatoes. Decree of condemnation and forfeiture. Product re- 
leased under bond.     (F. & D. No. 22276.    I. S. No. 12056-x.     S. No. 323.)
On or about December 9, 1927, the United States attorney for the Southern 
District of Alabama, acting upon a report by the Secretary of Agriculture, 
filed iu the District Court of the United States for said district a libel praying 
seizure and condemnation of 1,378 cases of canned tomatoes, at Mobile, Ala., 
alleging that' -the arbicfe hStd been' shipped by Thomas 'Roberts' & Co., from 
canton, Md., on or about September1 5, 1927, and transported from the State of 
Maryland into the State of Alabama, and charging adulteration in violation 
of the food and drugs act. The article was labeled in part: (Can) "Osceola 
urand Tomatoes."
It was alleged in the libel that the article was adulterated, in that it con- 
sisted wholly or in part of a filthy, decomposed, or putrid animal or vegetable 
substance.
-Gn January 24, 1928, the Avant-Pace Co., Pensacola, Ma., having appeared 
as; claimant for the property, judgment of condemnation and forfeiture was 
eja'tered, '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 bond in the sum of $500, conditioned in part that it be shipped to Pensacola 
and there, under the supervision of this department, the swelled cans be 
destroyed and the remainder incubated for further salvage.
W. M. JAEDINB, Secretary of Agriculture.