17046. Misbranding: and alleged Adulteration of canned tomatoes.    U. S. v.
104)   Cases   of   Canned   Tomatoes.    Decree   of.   condemnation   and 
forfeiture.     Product   released   under   bond.     (F.   &   D.   No.   24206.
I. S. No. 020378     S. No. 2430 )
On November 2, 1929, the United States attorney for the Middle District of 
Alabama, 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 100 cases of canned tomatoes, remaining in the original un- 
broken packages at Greenville, Ala., alleging that the article had been shipped 
by the Dunbrooke Canning Co., from Dunbrooke, Va., September 11, 1929, and 
transported from the State of Virginia into the State of Alabama, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: "Mount Vernon Brand Tomatoes * * * Dis- 
tributors C. W. Baker & Sons, Aberdeen, Md. [design of red ripe tomato 1."
It was allesed in the libel that the article was adulterated in that added water 
had been mixed and packed with and substituted in part for the said article.
Misbranding was alleged for the reason that the statement " Tomatoes " and 
the design of a red ripe tomato, appearing on the label, were false and mislead- 
ing and deceived and misled the purchaser.
On November 20, 1929, C. W. Baker & Sons, Aberdeen, Md., having appeared 
as claimant for the property and having admitted the material allegations of 
the libel, a decree was entered adjudging the product misbranded and mis- 
labeled, and ordering its condemnation and forfeiture, and it was furtiier
ordered by the court that the said product be released to the claimant upon pay- 
ment of costs and the execution of a bond in the sum of $200, conditioned in 
part that it be relabeled so that it comply with the law.
ABTHUB M. HYDE, Secretary of Agriculture.