19229. Adulteration   and   Misbranding of   canned   tomatoes.    U.   S.   v.   22
Cases of Tomatoes. Default decree of condemnation, forfeiture, 
and  destruction.     (F.  & D.  No.  25460.     I.  S.  No.  4974.     S.  No.  3666.)
Samples of canned tomatoes from the shipment herein described having been 
found to contain added cyclone juice, the Secretary of Agriculture reported the- 
matter to the United States attorney for the District of Massachusetts.
On December 8, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 22 cases of canned tomatoes at Boston, Mass., alleging that the 
article had been shipped by W. E. Robinson & Co., from Federalsburg, Md., on 
or about August 26, 1930, and had been transported from the State of Maryland 
into the State of Massachusetts, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: " Robin- 
son Brand Tomatoes * * * Tomatoes Packed for W. E. Robinson & Co., 
Belair, Md.   [Cut of red, ripe tomatoes]."
It was alleged in the libel that the article was adulterated in that tomato- 
puree, pulp, or juice 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 statement " Tomatoes " and 
the design of red, ripe tomatoes, appearing on the label, were false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged for 
the further reason that the article was offered for sale under the distinctive 
name of another article.
On September 21, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.