135J1S. Adulteration and misbranding1 of canned tomatoes. IT. S. v. 2TO 
Cases of Tomatoes. Consent decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 19422. I. S. 
No. 19935-v.    S. No. C-4048.)
On December 26, 1924, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 270 cases of tomatoes, remaining in the original unbroken 
packages at Lufkin, Tex., alleging that the article.had been shipped by the 
Davis Canning Co., from Laurel, Del., October 13, 1924, and transported from 
the State of Delaware into the State of Texas, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled in 
part: (Can) "Dee Bee Brand Tomatoes * * * Packed By Davis Canning 
Co. Laurel, Del. U. S. A."
Adulteration of the article was alleged in the libel for the reason that water 
had been mixed and packed therewith so as to reduce or lower or injuriously 
affect its quality or strength, and had been substituted wholly or in part for 
the said article.
Misbranding was alleged for the reason that the designation " Tomatoes " 
was false and misleading and deceived and misled the purchaser, and for the 
further reason that it was sold under the distinctive name of another article.
On February 19, 1925, the Davis Canning Co., Laurel, Del., 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 be released to the said claimant to be relabeled in 
accordance with law upon payment of the costs of the proceedings and the exe- 
cution of a bond in the sum of $500, in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.