10043. Misbi-anding of canned tomatoes. V. S. * * * v. 298 Cases of?
Tomatoes. Decree of condemnation and forfeiture. Product re??
leased under bond. (F. & D. No. 13985. I. S. No. 5721-t. S. No,?
E>-2907.)
On December 2, 1920, the United States attorney for the Western 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 298 cases of tomatoes, remaining in the original unbroken?
packages at Pittsburgh, Pa., alleging that the article had been shipped by E. L.?
Fooks, Preston, Md., on or about September 23, 1920, and transported from the?
State of Maryland into the State of Pennsylvania, and charging misbranding in?
violation of the Food and Drugs Act, as amended. The article was labeled in?
part: " I X L Brand JTomatoes * * * Packed By Preston Canning Co. Pres??
ton, Maryland."
Misbranding of the article was alleged in substance in the libel for the reason?
that the label of the can containing the said article bore the statement, "Average?
Net Weight Of Contents 6 Pounds 7 Ozs.," which was false and misleading and?
deceived and misled the purchaser, since examination showed the product to be?
short weight. 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?
conspicuously marked on the outside of the packages in terms of weight or?
measure.
On April 9, 1921, the Preston Canning Co., Preston, Md., having entered an?
appearance as claimant for the property, judgment of condemnation and for??
feiture 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 $500, in conformity with section 10 of the act.
C. W. PUGSXET, Acting Secretary of Agriculture.
N. J. 10001-10050]   SERVICE AND REGULATORY ANNOUNCEMENTS.	21