27583. Misbranding of   tomato   juice.     TJ.   S.   v.   400   Cases   and   515   Cases   of
Tomato  Juice.     Cases  consolidated.     Consent  decree  of condemnation 
and forfeiture.    Product released under bond to be relabeled.     (F. & I
Nos. 37547, 37707.    Sample Nos. 62460-B, 62462-B.)
This product contained approximately 10 percent of water added by the con- 
densation of steam in the extraction process.   A portion was short in volume. ,
On April 4 and May 4, 1936, the United States attorney for the Northern 
District of Texas, acting upon reports by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of two lots, 400 cases 
and 515 cases, respectively, of tomato juice at Fort Worth, Tex., alleging that 
the article had been shipped in interstate commerce between the dates of Sep- 
tember 17, 1935, and February 8,1936, by Libby, McNeill & Libby, in part from 
Manzanola, Colo., and in part from Rocky Ford, Colo., and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act as amended. On 
April 12, J937, the libel filed on April 4 was amended. The article was labeled 
in part: "lobby's Fancy Tomato Juice 14 F. Oz. Net * * * Libby, McNeill 
& Libby."
The libels alleged that the article was adulterated in that water had been 
mixed and packed with it 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 the statement on the label, 
"Fancy Tomato Juice," was false and misleading and tended to deceive and 
mislead the purchaser when applied to a product containing added water. A 
portion of the article was alleged to be misbranded further in that the state- 
ment on the label, "14 F. Oz. Net," was false and misleading and tended to 
deceive and mislead the purchaser and in that it was food in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the quantity stated was not correct.
Libby, McNeill & Libby appeared as claimant and consented that a decree 
might be entered finding the product misbranded in that it was not tomato juice 
as labeled but contained water added by the condensation of steam in the ex- 
traction process. On May 1, 1937, judgment was entered finding the product 
misbranded and ordering that it be condemned and released under bond condi- 
tioned that it be relabeled, the relabeled goods to bear the statement "10 percent 
water added through steam condensation," and another statement indicating 
that not more than 13% fluid ounces were contained in the cans of that portion 
found to be short in volume.
M. L. WILSON, Acting Secretary of Agriculture.