0150. Adulteration and misbranding «f Baby Brand tomatoes. U. S. 
* * * v. 471 Cases * * * of Baby Brand Tomatoes. Consent 
decree of condemnation and £orfeitni»e. Product released wider 
loona.     (F. & D. No. 13777.     I.  S.  No. 7554-t..     S. No. E-2727.)
On October 9, 1920, the United States attorney for the Eastern District of 
Pennsylvania, 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 471 cases of Baby Brand tomatoes, remaining in the 
original unbroken packages at Philadelphia, Pa., consigned by Thomas Roberts
& Co., Hurlock, Md., alleging that the article had been shipped from Hurlock, 
Md., on or about June 9, 1920, and transported from the State of Maryland into 
the State of Pennsylvania, and charging adulteration and misbranding in 
violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the .reason that water- 
had been mixed and packed with, and substituted 'wholly. or in part for, the 
article.
Misbranding was alleged in substance for the reason that the packages in 
which the product was inclosed contained labels which bore the following 
statements, designs, and devices, regarding the article and the ingredient's and 
substances contained therein, to wit, "Baby Brand Tomatoes " (design of red 
tomato), which were false and misleading in that they indicated that said 
packages contained tomatoes, when in fact they did hot-
On February 21, 1921, Roland Webster, Hurlock, Md., • claimant, having 
admitted the allegations of the libel and consented to a decree, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be released" to said claimant upon payment of the costs of the 
proceedings and the execution of.a bond in the sum of §2,500, in conformity with 
section 10 of the act.
E. D. BALL, Acting. Secretary of Agriculture.