25575. Adulteration and misbranding of canned tomatoes.     TJ. S. v. 154 Cases
and 175 Cases of Canned Tomatoes. Default decrees of condemnation 
and destruction. (F. & D. nos. 35802, 36143. Sample nos. 35451-B, 35452-B, 
35453-B.)
These cases involved canned tomatoes which contained contaminants resulting 
from corrosion of the Kans. The product was also falsely branded as to the 
name of the packer and the place of manufacture.
On July 25 and August 15, 1935, the United States attorneys for the Southern 
District of Ohio, and the Eastern District of Kentucky, filed in their respective 
district courts libels praying seizure and condemnation of 154 cases of canned 
tomatoes at Cincinnati, Ohio, and 175 cases of canned tomatoes at Covington, 
Ky., consigned by the Reliable Trading Co., of Cincinnati, Ohio, in part on or 
about May 28 and June 12, 1935, from Walton, Ky., to Cincinnati, Ohio, and in 
part on or about June 6, 1935, from Cincinnati, Ohio, to Covington, Ky., alleging 
that the article had been shipped in interstate commerce and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Smithson Brand Salted Tomatoes * * * Packed by H. M. 
Parrott & Co., Preston, Md."
The libel filed in the Southern District of Ohio charged that the article was 
adulterated in that it consisted in whole or in part of a filthy vegetable and 
animal substance. The libel filed in the Eastern District of Kentucky charged 
that the article was adulterated in that contaminants resulting from corrosion 
of the cans had been mixed and packed with the article.
Misbranding of the product libeled in the Eastern District of Kentucky was 
alleged for the reason that the statements on the label, "Packed by H. M. Par- 
rott & Co., Preston, Md.", was false and misleading and tended to deceive and 
mislead the purchaser, since that firm was not the packer; and for the further 
reason that it was falsely branded as to the State in which it was packed.
On August 29 and October 21, 1935, no claimant having appeared, judgments 
of condemnation were entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.