C074. Adulteration and misbranding of tomatoes. V. S. * * * "v. 825?
Cases * * * of Tomatoes. Consent decree of condemnation and?
forfeiture. Product ordered released on bond. (F. & D. No. 8687.?
I. S. No. 2367-p.    S. No. E-954.)
On December 19, 1917, the United States attorney for the Eastern District?
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed?
in the District Court of the United States for said district a libel for the?
seizure and condemnation of 825 cases, each containing 24 cans of tomatoes,?
consigned by J. B. Phillips, Keller, Va., alleging that the article had been?
shipped on or about September 22, 1917, and transported from the State of?
Virginia into the State of Pennsylvania, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The article was labeled in?
part, " Mother Goose Tomatoes. Packed by J. Richard Phillips, Jr. Office:?
Preston, Md.    Factory : Berlin, Md."
Adulteration of the article was alleged in the libel for the reason that added?
water had been mixed and packed therewith, so as to reduce and lower and?
injuriously affect its quality and strength, and had been substituted in part?
for the article'.
Misbranding was alleged in substance for the reason that the label of the arti??
cle bore the statement, " Tomatoes," regarding said article and the ingredients?
and substances contained therein, which was false and misleading in that said?
statement indicated that the packages contained tomatoes, when, in fact* they?
did not.
On January 3, 1918, the said J. R. Phillips, claimant, having admitted tn<r?
allegations of the libel, judgment of condemnation and forfeiture was entered1,?
and it was ordered by the court that the product should be released to said?
claimant upon payment of the costs of the proceedings and the execution of?
bond in the sum of $2,000, in conformity with section 10 of the act, conditioned?
in part that the product should be relabeled under the supervision of a repre??
sentative of this department.
CARL VEOOMAN, Acting Secretary of Agriculture*
62351?18?*
80	
BUREAU   OF   CHEMISTRY.	
[Supplement 52.