9145. Adulteration and Misbranding of canned tomatoes. U. S. * * * v. 
450 Cases * * * of Canned Tomatoes. Consent decree of con- 
demnation and forfeiture.    Product ordered released on bond.     (F.
& D. No. 11940.     I. S. No. 9130-r.     S. No. C-1718.)
On February 11, 1920, the United. States attorney for the Northern District 
of Illinois,' 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 450 cases, more or less, of canned tomatoes, remaining unsold 
in the original unbroken packages at Chicago,1 Ill., alleging that the article 
had been shipped on November 26, 1919, by the Chino Canning Co., Chino, 
Calif., and transported from the State of 'California into the State of Illinois, 
and charging adulteration and misbranding in violation'of the Food and Drugs 
Act. The article was labeled in part, " Standard C-G-C Three C Brand Toma- 
toes." ' ' ' 
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained added tomato pulp.
Adulteration of the article was alleged In the libel for the reason that the 
same had been sold and shipped as Three C Brand tomatoes with tomato juice, 
whereas other articles, to wit, tomato pulp products, had been substituted in 
whole or in'part for said article, and had been mixed and packed therewith so 
as to reduce/lower, and injuriously affect' its quality and strength.
Misbranding was alleged in substance for the reason that the cans contain- 
ing the article were labeled as follows,"'Standard' O-C-C Three 'C Brand 
Tomatoes With Pure Tomato Juice Packed By Chino Canning Company, Chino, 
California. Net Contents 1 Lb. 12 Oz.," and the cases containing the cans were 
labeled as follows, " Two Dozen Two and One Half Cans C-C-C Standard 
Chino Canning Company," and in addition there appeared upon each of the cans 
a design of ripe tomatoes, which said statements appearing upon each of the 
cases and cans were false and fraudulent [misleading] and misled and deceived 
the purchaser in that said statements purported and represented that the article 
was Three C Brand tomatoes packed with tomato juice, whereas, in truth and 
in fact, the said cases and cans contained other articles, to wit, tomato pulp 
products. Misbranding was alleged for the further reason that the article was 
an imitation of, and was sold under the distinctive name of, another food 
product, to wit, Three C Brand tomatoes with tomato juice. Misbranding was 
alleged for the further reason that the article was food in package form, and 
the quantity of the contents was not plainly and specifically marked on the out- 
side of the package in terms of weight and measure, and that the labeling 
aforesaid was false and misleading, and the variation between said label and 
the quantity of the contents was not a reasonable variation.
On October 11, 1920, the John PI. Leslie Co., Chicago, Ill., claimant and con- 
signee of the goods, having admitted all the material allegations in the libel 
and having consented to a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be delivered to said 
claimant upon payment of all the costs of the proceedings and the execution of 
a bond in the sum of $1,000, in conformity with section 10 of the act, con- 
ditioned in part that the article be properly relabeled.
B.  D.  BALL, Acting  Secretary of Agriculture.