0066. Adulteration and Misbranding of canned tomatoes. IT. S. * * * 
v. 620 Cases of Canned Tomatoes * * *. Product released on 
bond.     (F. & D. No. 12424.     I. S. No. 184-r.     S. No. E-2081.)
On April 26, 1920, the United States attorney for the Eastern District of 
South Carolina, 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 620 cases of canned tomatoes, consigned by the D. T. 
Roberts Co., Vienna, Md., October 2, 1919, remaining in the original unbroken 
packages at Charleston, S. C, alleging that the article had been shipped and 
transported from the State of Maryland into the State of South Carolina, 
and charging adulteration and misbranding in violation of the Pood and 
Drugs Act. The article was labeled in part: "Blue Dot Brand Tomatoes 
*    *    *    Packed By Winfield Webster & Co.    Main Office: Vienna, Md."
Adulteration of the article was alleged in the libel for the reason that 
added water and pulp had been mixed and packed therewith so as to lower 
and reduce and injuriously affect its quality and strength, and had been sub- 
stituted in part for the article.
It was alleged in substance that the article was misbranded for the reason 
that the words and figures declared and printed upon the labels, cans, pack- 
ages, and cases, that is to say, the word " Tomatoes," and the picture of a red 
ripe tomato thereon, were false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was an imitation of, or offered for sale under the distinctive name of, another 
article.
On October 8, 1920, the case having come on for final disposition, upon mo- 
tion of Winfield Webster & Co., the claimant for the goods, it was ordered by 
the court that upon the execution and delivery of a good and sufficient bond 
in the sum of $2,000, by Thomas Roberts & Co., of Philadelphia, Pa., in con- 
formity with section 10 of the act, conditioned in part that the product be 
relabeled "Tomatoes and Palp with 15% added water," the product might be 
delivered to said Thomas Roberts & Co.
E. D. BALL, Acting Secretary of Agriculture.