13507. Misbranding and  alleged  adulteration  of  canned  tomatoes.     U.   S.
v. 06 Cases of Tomatoes. Decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 19213. I. S. 
No. 17329-v.    S. No. E-5032.)
On or about December 8, 1924, the United States attorney for the "Western 
District of Virginia, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States a libel praying the seizure and 
condemnation of 96 cases of tomatoes, remaining in the original unbroken 
packages at Staunton, Va., consigned on or about September 4, 1924, alleging 
that the article had been shipped by the H. J. McGrath Co., from Baltimore, 
Md., and transported from the State of Maryland into the State of Virginia, 
and charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: (Can) "McGrath's Tomatoes * * * 
Champion Brand Packed by The H. J. McGrath Co. Baltimore, 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 and 
lower and 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," 
borne on the label, was false and misleading and deceived the purchaser into 
the belief that the article was in fact tomatoes, whereas it consisted in part 
of another substance, namely, added water. Misbranding was alleged for 
the further reason that the article was offered for sale under the distinctive 
name of tomatoes, whereas it consisted in part of another article, namely, water.
On June 10, 1925, the H. J. McGrath Co., Baltimore, Md., having appeared 
as claimant for the property, judgment of the court was entered, finding the 
product misbranded and ordering its condemnation and forfeiture, and it was 
further ordered by the court that the said product be released to the claimant 
upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $500, in conformity with section 10 of the act, conditioned in 
part that it be relabeled.
R. W. DUNLAP, Acting Secretary of Agriculture.