16837. Adulteration and Misbranding of canned tomatoes. V. S. v. 999 
Cases of Canned Tomatoes. Decree of condemnation and for- 
feiture entered. Product released under bond. (P. & D. No. 23233. 
I. S. No. 02423.    S. No. 1336.)
On December 8, 1928, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 999 cases of canned tomatoes, remaining in the original un- 
broken packages at Boston, Mass., consigned about October 1, 1928, alleging that 
the article had been shipped by the Frankford Canning Co., Frankford, Del., and 
transported from the State of Delaware into the State of Massachusetts, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: "Delaware Brand Tomatoes (cut of red ripe 
tomato)    *    *    *    Packed by Frankford Canning Co., Frankford, Del."
It was alleged in the libel that the article was adulterated in that a substance, 
puree, pulp, or juice from skins and cores, had been substituted wholly or in 
part for the article, and had been mixed and packed with it so as to reduce, 
lower, or injuriously affect its quality or strength.
Misbranding was alleged for the reason that the statement, design, or device 
on the package or label, "Tomatoes" (cut of red ripe tomato), was false and 
misleading and deceived and misled the purchaser, and for the further reasor 
that the article was offered for sale under the distinctive name of another 
article.
On March 28, 1929, John S. McDaniel & Co. (Inc.), Baston, Md., having ap- 
peared as claimant for the property and having admitted the allegations of the 
libel, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant upon payment of 
costs and the execution of a bond in the sum of $2,500, conditioned in part that 
it be relabeled under the supervision of this department.
R. W. DTJNLAP, Acting Secretary of AgriculUcre.