7564. Adulteration and misbranding; of canned tomatoes. TJ. S. * * * 
v. 999 Cases of Canned Tomatoes. , Consent tlecree of condemna- 
tion and forfeiture.    Product ordered released on bond.     (F. & D.
No. 11550.    I. S. No. 13088-r.    S. No. E-1875.)
On December 9, 1919, 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 999 cases, each containing 24 cans of tomatoes, remain- 
ing unsold in the original unbroken packages at New York, N. Y., alleging that 
the article had been shipped on or about October 30, 1919, by Charles Webster, 
East New Market, Md., 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, " Rose Hill Brand 
Tomatoes. Tacked By Chas. Webster at East New Market, Dorchester Co., 
Md."
Adulteration of the article was alleged in substance in the libel for the 
reason that a substance, to wit, water, had been mixed and packed with, and 
substituted wholly or in part for, tomatoes, which the article purported to be.
Misbranding of the article was alleged for the reason that the labels on the 
cans bore statements, designs, and devices, regarding the article and the in- 
gredients and substances contained therein, which were false and misleading, 
and deceived and misled the purchaser by representing the product to be 
canned tomatoes. Misbranding of the article was alleged for the further reason 
that it was an imitation of, and was offered for sale under the distinctive 
name of, another article, to wit, canned tomatoes.
On February 2G, 1920, the said Charles Webster, claimant, having consented 
to a decree, judgment of -condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to said claimant upon the, 
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 the 
product should be relabeled under the supervision of a representative of this 
department.
E. D. BALL, Acting Secretary of Agriculture.
9341 ?~20 2