f>479. Adulteration and Misbranding of tomatoes. U. S. * * * v. 5J>9 
Cases of Tomatoes. Judgment by consent ordering release of 
product   nnder   bond.     (F.   &   D.   No.   13860.    I.   S.   No.   6456-t.    S.   No.
E-2868.)
On November 17, 1920, the United States attorney for the Eastern District 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 599 cases, each containing a number of cans, of tomatoes, re- 
maining unsold in the original unbroken packages at Brooklyn, N. Y., alleging 
that the article had been shipped by J. G. Grimmel & Son, Rocks, Md., and 
transported from the State of Maryland into the State of New York, and was 
received at Brooklyn, N. Y., on or about October 22, 1920, and charging adultera- 
tion 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, tomatoes, 
which the said article purported to be.
Misbranding was alleged in substance for the reason that the labels on the 
cans bore the statement regarding the said article and the ingredients or sub- 
stances contained therein, to wit, " Grimmel's Hand-Packed Tomatoes," to- 
gether with the cut or design showing a ripe red tomato, which were false and 
misleading and deceived and misled the purchaser. Misbranding was alleged 
for the further reason that the article was an imitation of, and was offered for 
sale under the distinctive name of, another and different article.
On January 12, 1921, J. G. Grimmel & Son, Rocks, Md., claimant, having con- 
sented to a decree, judgment was entered, and it was ordered by the court that 
the product be released to said claimant upon payment of the costs of the pro- 
ceedings and the execution of a bond in the sum of $800, in conformity with 
section 10 of the act, conditioned in part that the product be relabeled, under 
the supervision of this department, by attaching to the cans a sticker or stickers 
showing the presence of added water. On January 12, 1921, the claimant having 
failed to comply with the terms of the decree, the goods were destroyed.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.