5574. Adulteration and misbranding of tomatoes. IT. S. * * * v. 350 
Cases of Canned. Tomatoes. Consent decree of condemnation and 
forfeiture. Product ordered released on bond. (F. & D. No. 8052. 
I.  S. No.  1988-ui.     S.  No. E-802.)
On February 2, 1917, the United States attorney for tlie Southern District 
of Georgia, 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 350 cases of canned tomatoes, remaining unsold in the 
original unbroken packages at Macon, Ga., alleging that the article had been 
shipped on or about August 11, 1916, by the Hartlove Packing Co., Baltimore, 
Md., and transported from the State of Maryland into the State of Georgia, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act.    The article was labeled in part, " Hartlove Brand Tomatoes    *    *    *."
Adulteration of the article was alleged in the l'ibel for the reason that added 
water had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and strength, and had been substituted in part 
for the article.
Misbranding was alleged for the reason that the labeling and branding 
of the article were false and misleading and the cans were labeled and branded 
so as to deceive and mislead the purchasers, the contents of the cans not being 
pure canned tomatoes, as the label was calculated to and did in fact induce a 
purchaser to believe, but, in truth and in fact, each can contained from 15 to 
20 per cent, or other large proportion, of added water and did not contain what 
was represented by the labels.
On May 18, 1917, the A. B. Small Co., Macon, Ga., claimant, having consented 
to a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product should be delivered to said claimant 
upon the payment of the costs of the proceedings and the execution of a good 
and sufficient bond, in conformity with section 10 of the act, conditioned ia 
part that the article should be relabeled to show its true contents.
C. F. MARVIN, Acting Secretary of Agriculture.
graiMy.    Pine, f50 ?.nd costs.     OF. & D. 1*0. ?064.
'    I. ?. No. 0165-1.)
On April 28, 1917, the United States attorney for the Western District of 
Tennessee, 'acting upon n report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
John B. Lanier, Edwin B. Lanier, and Brown H. Lanier, trading as Lanier 
Bros., Nashville, Tenn., alleging shipment by said defendants, in violation of 
the Food and Drugs Act, as amended, on or about September 28, 1915, from the 
State of Tennessee into the State of New Hampshire, of a quantity of an article 
labeled in part, "Jersey Brand Cottonseed Meal," which was misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed the following results:
Crude fiber  (per cent) 
. IB.22
Protein (N x 6.25)   (percent) 
37.19
Lower in protein and higher in crude fiber than stated on the 
label.
Misbranding of the article was alleged in the information for the reason that 
the following statements regarding the article and the ingredients and sub- 
stances contained therein, appearing on the labej, to wit, " Protein 38.62% 
?* * * Crude Fiber (maximum 10%)," were false and misleading in that 
they represented to purchasers that said article contained not less than 38.62 
per cent protein and not more than 10 per cent of fiber; and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead purchasers 
into the belief that it contained not less than 38.62 per cent protein and not more 
than 10 per cent fiber, when, in truth and in fact, it contained less than 38.62 
per cent protein and more than 10 per cent fiber; and for the further reason 
that said article consisted of food in package form, and the quantity of the con- 
tents was not plainly or conspicuously marked on the outside of the package ia 
terms of weight, measure, or numerical count.
On June 11, 1917, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $50 and costs.
C. F. MAJBVIN, Acting Secretary of Agriculture.