20971. Adulteration of  canned  tomatoes.     U.   S.  v.   1,800   Cases   of  Canned
Tomatoes. Decree of condemnation and forfeiture. Product re- 
leased under bond for separation and destruction of unfit portion.
(F. & D. no. 28826.     Sample no. 16309-A.)
This case involved an interstate shipment of canned tomatoes, samples of 
which were found to contain dead insects and maggots.
On August 30, 1932, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 1,800 cases of canned 
tomatoes at Boston, Mass., alleging that the article had been shipped in inter- 
state commerce on or about June 4, 1932, by Thomas Roberts & Co., from 
Fort Pierce, Fla., and charging adulteration in violation of the Food and 
Drugs Act. The article was labeled in part: (Can) "Pride of the Farm 
Brand * * * Tomatoes Thomas Roberts & Co., Philadelphia, Pa. * * * 
Distributors."
It was alleged in the libel that the article was adulterated in that it 
consisted in whole or in part of a filthy vegetable substance.
On October 13, 1932, a claim and answer having been filed admitting the 
allegations of the libel, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the claimant 
upon the execution of a bond in the sum of $1,000, conditioned that the goods 
be examined under the supervision of this Department and that all cans found 
to contain adulterated tomatoes be destroyed. It was further ordered that 
claimant pay costs of the proceedings.
R. G. TTJGWELL, Acting Secretary of Agriculture.