26206. Adulteration  and misbranding of tomato juice.     U.  S. v. 63%   Cases ol
Tomato Juice. Product released under bond. (F. & D. no. 37295. Sample 
no. 67907-B.)
This case involved a shipment of tomato juice that was short in volume and 
that contained added water.
On March 16, 1936, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 63% cases of tomato juice 
at Cheyenne, Wyo., alleging that the article had been shipped in interstate 
commerce on or about October 3, 1935, by Libby, McNeill & Libby, from Man- 
zanola, Colo., and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: "14 F. Oz. 
Net Libby's Fancy Tomato Juice   *    *    *   Libby, McNeill & Libby Chicago."
The article was alleged to be adulterated in that water had been mixed, and 
packed therewith so as to reduce or lower its quality or strength, and in that 
water had been substituted wholly or in part for tomato juice, which the article 
purported to be.
The article was alleged to be misbranded in that it was labeled so as to 
deceive and mislead the purchaser, i e., the label bore the statements, "Fancy 
Tomato Juice * * * is a good source of vitamins A and B, and an excellent 
source of vitamin C. * * * is the juice of selected red, vine-ripened toma- 
toes, * * * Rich in flavor, color, and vitamins; it has much of the food 
value of the fresh tomato"; and "14 I. Oz. Net.", whereas the tomato-solids 
content was below that of authentic undiluted tomato juice and the article was 
short in volume; misbranding was alleged for the further reason that the 
article was food in package form and the quantity of the contents was not 
plainly, correctly, and conspicuously stated on the outside of the cans, since 
the statement "14 F. Oz. Net" was not correct.
On May 29, 1936, Libby, McNeill & Libby, having appeared as claimant, an 
order was entered authorizing delivery of the product to the claimant upon 
payment of costs and the execution of a bond, conditioned that it should not 
be disposed of in violation of the Federal Food and Drugs Act and other laws.
HAEST L. BROWN, Acting Secretary of Agriculture.