21463. Adulteration of   canned   tomatoes.     IT.   S.   v.   990   Cases,   et   al.,   of
Canned Tomatoes. Default decrees of condemnation, forfeiture, 
and destruction. (F. & D. nos. 30748, 30750. Sample nos. 39744-A, 
39745-A, 43304-A.)
These cases involved shipments of canned tomatoes which were found to 
contain insect larvae.
On July 19, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 990 cases of canned 
tomatoes at Yonkers, N.Y. On July 20, 1933, the United States attorney for 
the District of Massachusetts filed a libel against 431 cases of canned tomatoes 
at Salem, Mass. It was alleged in the libels that the article had been shipped 
in interstate commerce, in part on or about March 13, 1933, and in part on or 
about March 22, 1933, by the Seaside Canning Co., from Salisbury, Md., into the 
States of New York and Massachusetts, respectively, and that it was adulterated 
in violation of the Food and Drugs Act. The greater portion of the article 
was labeled in part: (Can) "Turkey Red Brand Tomatoes * * * Packed 
by Seaside Canning Co., Ocean City, Md." Seventy-two cases were labeled in 
part: (Can) "Tryem Brand Tomatoes * * * Packed for Cressey Dock- 
ham Co., Inc., Salem, Mass."
The libels charged that the article was adulterated in that it consisted in 
whole or in part of a filthy vegetable substance, or of a filthy, decomposed, or 
putrid vegetable substance.
On September 21 and September 27, 1933, 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.
M. L. "WILSON, Acting Secretary of Agriculture.