9283. Adultei'ation and Misbranding of canned tomatoes. V. S. * * * 
v. 26S Cases of * * * . Canned Tomatoes. Default decree of 
condemnation and forfeiture. Product delivered to a charitable 
institution.     (F. & D. No. 13794.    J. 8. No. 7493-t.    S. No. E-2831.)
On October 18, 1920, 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 of the United States for said district a libel for the seizure
and condemnation of 268 cases, each containing 24 cans of tomatoes, remaining 
unsold in the original unbroken packages at New York, N. Y., alleging that the 
article had been shipped by Roland Webster, Hurlock, Md., on or about June 8,, 
1920, and transported from the State of Maryland into the State of New York,, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Baby Brand Tomatoes Packed With 
Care    *    *    *    Packed by Roland Webster Hurlock, Md."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, tomato pulp, had been mixed and packed with and substituted, 
in part for tomatoes, which the article purported to be.
Misbranding was alleged for the reason that the label bore the statement, 
regarding the article and the ingredients and substances contained therein, to 
wit, " Baby Brand Tomatoes," together with a design of a whole ripe tomato', 
which statement and design were false and misleading and deceived and mis- 
led the purchaser. Misbranding was alleged for the further reason that the 
article was an imitation of, and was offered for sale under the distinctive 
name of, another article, to wit, canned tomatoes.
On April 4, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the labels be stripped from the cans containing the article, and that the 
product be delivered for consumption and not for sale to the Salvation Army 
at their headquarters in New York City.
E. D. BALL, Acting Secretary of Agriculture.