6350. Adulteration of   tomatoes.   XT.   S.    *   *    *   v.   291   Cases   of   Tomatoes* 
Default    decree    of    condemnation,    forfeiture,    and    destruction.
(P. & D. No. 7842.    I. S. No. 1058-m,    S. No. B-743.)
On November 13, 1916, the United States attorney for the Southern Dis- 
trict 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 291 cases, each containing 6 cans of tomatoes, 
remaining unsold in the original unbroken packages at New York, N. Y., 
alleging that the article had been shipped on September 7, 1916, by S. H. 
Levin's Sons, Bridgeton, N. J., and transported from the State of New Jersey 
into the State of New York, and charging adulteration in violation of the Food 
and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that it 
consisted wholly or in part of a filthy, decomposed, and putrid vegetable sub- 
stance, to wit, fermented and decomposed tomatoes.
On December 18, 1916, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product should be destroyed by the United States marshal.
R. A. PEAESON, Acting Secretary of Agriculture.