11016. Adulteration and misbrandings of canned tomatoes. IT. S. v. 85?
Gases of Canned Tomatoes. Decree entered ordering release of?
product under bond. (E\ & D. No. 16630. I. S. No. 8541-t. S. No.?
E-4052.)
On July 17, 1922, the United States attorney for the District of Maryland,?
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 85 cases of canned tomatoes, remaining in the original unbroken packages?
at Baltimore, Md., consigned on or about May 31, 1922, alleging that the article?
had been shipped by the C. M. Scott Packing Co., Delmar, Del., and transported?
from the State of Delaware into the State of Maryland, and charging adultera??
tion and misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeled in part: " Indian Maid Brand Tomatoes * * *?
Packed by Blue Hen Canning Co. Delmar, Del."
Adulteration of the article was alleged in the libel for the reason that water?
had been mixed and packed therewith so as to reduce and lower and injuri??
ously affect its quality and strength and had been substituted wholly or iru?
part for the said article, and for the further reason that it had been mixed ira?
a manner whereby damage or inferiority was concealed.
Misbranding was alleged in substance for the reason that the labels of the?
cans containing the article bore certain statements, to wit, " * * * Toma??
toes * * * Contents Weigh 6 Lbs. 7 Oz. * * *," together with the design?
of a red ripe 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 article, and for the further reason that it was food in package formr?
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 October 4, 1922, Thomas L. North, having entered an appearance as?
claimant for the property and having admitted the material allegations of the?
libel, judgment of the court was entered ordering that the product be released?
to the said claimant upon payment of the costs of the proceedings and the-?
execution of a good and sufficient bond, in conformity with section 10 of the?
act.
C. F. MARVIN, Acting Secretary of Agriculture.