17021. Adulteration  and   Misbranding of  canned  tomatoes.     IT.   S.  v.  3294
Cases of Canned Tomatoes. Decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 24178. I. S. No. 
017047.    S. No. 2390.)
On or about October 24, 1929, the United States attorney for the District of 
Maryland, 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 3,294 cases of canned tomatoes, remaining in the original 
unbroken packages at Baltimore, Md., alleging that the article had been 
shipped by the Deep Point Canning Co., from Deep Point, Va., on or about 
September 10, 1929, and transported from the State of Virginia into the State 
of Maryland, and charging adulteration and misbranding in violation of the 
food and drugs act.
It was alleged in the libel that the article was adulterated in that a sub- 
stance, water, had been mixed and packed therewith so as to reduce and lower 
its quality and strength, and had been substituted in part for tomatoes which 
the said article purported to be.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article, to wit, canned tomatoes, 
whereas it was not, but was a product consisting of tomatoes and water.
On February 7, 1930, the Deep Point Canning Co., Richmond, Va., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture 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 $5,000, conditioned in part that it should not be sold or 
disposed of until relabeled to conform to the requirements of the Federal food 
and drugs act.
ABTHUB M.  HYDE,  Secretary  of Agriculture.