3 3165. Adulteration and misbranding- of canned tomatoes. U. S. v. 400 
Cases and 550 Cases of Tomatoes. Consent decree of condemna- 
tion asiil forfeiture.    Product released under bond to be relabeled.
(F. & D. No. 19420.    I. S. Nos. 13213-v, 13214-v.    S. No. E^5'069.)
On December 23, 1924, the United States attorney for the Northern 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 praying the 
seizure and condemnation of 950 cases of canned tomatoes, at Troy, N. Y., 
alleging that the article had been shipped by W. B. Robinson, from Laurel, 
Del., on or about October 9, 1924, and transported from the State of Delaware 
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: (Can) 
"Robinson's Brand Tomatoes * * * Packed For W. E. Robinson & Co., 
Bel Air, Md."
Adulteration of the article was alleged in the libel for the reason that a 
substance, water, had been mixed and packed therewith so as to reduce, lower, 
or injuriously affect its quality and strength and had been substituted wholly 
or in part for the said article.
Misbranding was alleged for the reason that the statement " Tomatoes," 
appearing on the labels, was false and misleading and deceived and misled 
the purchaser, and for the further reason that the article was sold under the 
distinctive name of another article.
On March 7, 1925, the Davis Canning Co., Laurel, Del., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon
payment of the costs of the proceedings and the execution of a bond in the 
sum of $1,500, in conformity with section 10 of the act, conditioned in part 
that it be relabeled in part: "Water 50% Tomatoes 50% * * * These 
lomatoes were canned with an additional equal amount of water. Packed by 
Davis Canning Co. Laurel Del. Canned Tomatoes Should Be Packed In Their 
Own Juice Without Added Water."
R. W. DUNLAP, Acting Secretary of Agriculture.