17578. Misbranding of tomatoes.    U. S. v. 25 Lugs, et al., of Fresh Tomatoes.
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. Nos. 24917, 24918.    I. S. Nos. 2913, 5441.    S. Nos. 3262, 3264.)
Certain lugs and cases of fresh tomatoes from the herein described inter- 
state shipments having been examined and found to contain less than the 
declared weight, the Secretary of Agriculture reported the matter te the 
United States attorney for the District of Maryland.
On or about July 17,1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 25 lugs and 50 cases of fresh tomatoes, remaining in the 
original unbroken packages at Baltimore, Md., alleging that the article had been 
shipped by J. H. Oliver, in part from Friendship, Tenn., and in part from Milan, 
Tenn., on or about July 4 and July 7, 1930, respectively, and had been trans- 
ported from the State of Tennessee into the State of Maryland, and charging 
misbranding in violation of the food and drugs act as amended. A portion of 
the article was labeled in part: " Tennessee Tomatoes * * * This Package 
contained four 3-qt. baskets dry measure when packed;" (overprinted by rub- 
ber stamp) "This package contains not less than 30 pounds when packed, 
Grown and packed by Sitka Fruit Growers Association, Sitka, Tennessee. 
Distributed by Ozark Fruit Growers Association, Market Agent, Humboldt, 
Tennessee." The remainder of the said article was labeled in part: " This 
Package Contained Not Less Than 30 Lbs. Net When Packed. * * * 
Grown for and packed by J. H. Oliver, Milan, Tennessee. Distributed by 
Wilson M. Stroud   *    *    *   Humboldt, Tennessee."
It was alleged in the libels that the article was misbranded in that the 
statements on the labels, " This package contains not less than 30 lbs." 
and " This package contains not less than 30 Pounds Net," were false and 
misleading and deceived and misled the purchaser. Misbranding was alleged 
for the further reason that the article was food in package form and failed 
to bear a plain and conspicuous statement of the quantity of the contents, 
since the statement made was incorrect.
On July 28,1930, no claimant having appeared for the property, judgments of 
condemnation and forfeiture were entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
AETHXTR M. HYDE, Secretary of Agriculture.