17364. Adulteration  and  Misbranding of  canned  tomatoes.     U.   S.  v.   lOOO
Cases of Canned Tomatoes. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 24239. 
I. S. No. 024043.    S. No. 2487.)
On November 13, 1929, the United States attorney for the District of New 
Jersey, 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 1,000 cases of canned tomatoes, remaining in the original un- 
broken packages at Paterson, N. J., alleging that the article had been shipped 
by W. H. Sanford, from Kinsale, Va., on or about September 17, 1929, and 
transported from the State of Virginia into the State of New Jersey, and
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: " lona Brand Tomatoes * * * Distributors 
The Great Atlantic & Pacific Tea Co., New York, N. Y."
It was alleged in the libel that the article was adulterated in that added 
water had been mixed and packed therewith so as to reduce and lower its 
quality, and had been substituted in part for tomatoes, which the said article 
purported to be.
Misbranding was alleged for the reason that the statement "Tomatoes," 
borne on the label, was false and misleading and deceived and misled the 
purchaser, when applied to a product containing added water. Misbranding 
was alleged for the further reason that the article was offered for sale under 
the distinctive name of another article.
On April 24, 1930, William H. Sanford, Kinsale, Va., claimant, having ad- 
mitted the allegations of the libel and having consented that a decree be entered 
condemning and forfeiting the product, judgment was entered ordering that the 
said product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $2,500, conditioned in part that it be relabeled 
so that the label contain the statement " 23% water added."
AETHITR M. HYDE, Secretary of Agriculture.