9541. Adulteration   and   Misbranding of   Pound   Point   Brand   tomatoes.      XI.   S.
* *      *     v.   ITS   Cases   of     *      *      *     Plum Point   Brand   Tomatoes
* * * Consent decree of condemnation and forfeiture. Product 
ordered released on bond for relabeling. (F. & D. No. 14175. I. S. 
No.  8692-t.     S.  No. E-3046.)
On January 12, 1921, the United States attorney for the District of Mary- 
land, 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 con- 
demnation of 175 cases, more or less, of canned tomatoes, remaining in the 
original unbroken packages at Baltimore, Md., alleging that the article had 
been shipped by H. M. Gleason & Co., Charlottesville, Va., on November 27, 
1920, and transported from the State of Virginia into the State of Maryland, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: "Plum,Point Brand To- 
matoes Contents 2 Lbs. Packed By The Plum Point Canning Go. Plum Point, 
Md."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, tomato pulp, had been mixed and packed with, and sub- 
stituted wholly or in part for, the article, and for the further reason that 
said article had been mixed in a manner whereby its damage or inferiority was 
concealed.
Misbranding was alleged for the reason that the statement on the label, 
"Plum Point Brand Tomatoes" (design showing red, ripe tomato) "Con- 
tents 2 Lbs," was false and misleading and deceived and misled the pur- 
chaser, for the further reason that said article was an imitation of, and was 
offered for sale under the distinctive name of, another article, and for the 
further reason that said article was food in package form, and the quantity 
of the contents was not plainly and conspicuously marked on the outside 
of the package, since the quantity stated was not correct.
On May 3, 1921, Albert N. Faulkner, Walter Weber, and Thomas J. Faulk- 
ner, trading as the Plum Point Canning Co., claimants, having filed their claim 
for the property, petitioning the court for the release of the same to them, 
judgment of condemnation was entered, and it was ordered by the court that 
the product be released to said claimants upon payment of all the costs of the 
proceedings and the execution of a bond in the sum of $400, in conformity 
with section 10 of the act, conditioned in part that the goods be relabeled in a 
manner satisfactory to this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.