F. & D. No. 3165.
S. No. 1157.	
Issued May 17, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1371.
(Giren pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF TOMATOES.
On November 6, 1911, the United States Attorney for the District?
of Columbia, acting upon a report by the Secretary of Agriculture,?
filed in the Supreme Court of said District, holding a district court,?
a libel praying condemnation and forfeiture of 1,000 cases of toma??
toes in the possession of Geo. W. Offutt in the city of Washington.?
The product was labeled: " Our Navy Brand Tomatoes?First Qual??
ity?Packed by A. E. Pearson & Son, Lottsburg Cannery, Lottsburg,?
Va.?These tomatoes are packed expressly for the best family trade?
and are absolutely free from artificial coloring or adulteration of any?
kind."
An examination of samples of said product, made by the Bureau?
of Chemistry of the United States Department of Agriculture, showed?
the product to contain added water. The libel alleged that the?
product, after transportation from the State of Virginia into the?
District of Columbia, remained in the original unbroken packages,?
and was adulterated and misbranded in violation of the Food and?
Drugs Act of June 30, 1906, and was therefore liable to seizure for?
confiscation. Adulteration was alleged in the libel for the reasons?
following: Because each and all of the said cases and cans contain??
ing the said article of food were and are labeled as hereinbefore?
set forth, which said labels signify and import that the product?
contained in the said cases and cans is canned tomatoes, and pure?
canned tomatoes, and your libelants charge that the article of food?
contained in the said cases and cans, and ,each thereof, is not pure?
canned tomatoes, nor entitled to be so called, but that the said food?
or product has been diluted and adulterated by the addition of water,?
whereby, and by reason whereof, the quality and strength of the?
said food or product has been reduced and lowered and injuriously?
affected.    Because the said article of food contained in the said
28316??No. 1371?12
cases and cans is not pure canned tomatoes, but is a mixture in?
which a certain liquid, to wit, water, has been substituted in part for?
the said article of food. Misbranding was alleged against said?
product for the reasons following: Because each and all of the afore??
said cans contained in the said cases are labeled and branded so as?
to mislead and deceive the purchaser thereof, because the statements?
on the label signify and import that the said article contained therein?
is canned tomatoes, when in truth and in fact, the article contained?
therein is a mixture containing, in addition to the said tomatoes, a?
certain quantity of added water.
On November 14, 1911, the case coming on for hearing and it?
appearing to the court that A. E. Pearson & Son had filed their plea?
and answer consenting to a decree of condemnation, and paid the?
costs of the proceedings, the court found the product adulterated and?
misbranded, as alleged in the libel, and entered a decree condemning?
and forfeiting it to the United States, but authorizing its release to?
the aforesaid A. E. Pearson & Son upon the execution of a bond in?
the sum of $2,000 conditioned that the product should not be again?
disposed of contrary to law, and the bond having been executed, the?
product was forthwith released to the aforesaid claimants.
JAMES WILSON,?
Secretary of Agriculture,?
WASHINGTON, D. C., January 31, 1912.
1371