12141. Adulteration and misbranding of canned tomatoes. TJ. S. v. 60O 
Cases of Canned Tomatoes. Consent decree of condemnation and 
forfeiture.    Product released under bond to be relabeled.     (F. & D.
No. 18216.    I. S. No. 15902-v.    S. No. E-4678.)
On December 28, 1923, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the- 
District Court of the United States for said district a libel praying the- 
seizure and condemnation of 600 cases of canned tomatoes, at Newark, 
N. J., alleging that the article had been shipped by the Delaware Packing Co., 
from Laurel, Del., on or about October 5, 1923, and transported from the State 
of Delaware into the State of New Jersey, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act, as amended. The article- 
was labeled in part: (Can) "Delaware Brand" (cut showing red ripe tomato) 
" Tomatoes Contents 1 Pound 3 Ounces * * * Untouched By Hands la 
Process Of Peeling No Chemicals * * * Packed By Delaware Packing. 
Co. Dover, Del."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, small pieces of tomato and tomato skins, had been substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the package containing the 
article bore statements regarding the said article and the ingredients and 
substances contained therein, to wit, " Tomatoes Contents 1 Pound 3 Ounces," 
together with the design or device of a red tomato, which were false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged for 
the further reason that the article was offered for sale under the distinctive 
name of another article, and for the further reason that it was food in 
package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement made was 
not correct.
On March 11, 1924, the Delaware Packing Co. having appeared as claimant 
for the property and having consented to the entry of a decree, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product might be released to the said claimant upon payment of the 
costs of the proceedings and the execution of a bond in the sum of $1,000, in 
conformity with section 10 of the act, conditioned in part that it be re- 
labeled, " Delaware Brand Machine Crushed Tomatoes with juice and some 
skin Contents 1 Pound Packed by Delaware Packing Co. Dover, Del."
O. F. MABVIN, Acting Secretary of Agriculture.