13255. Adulteration and misbranding? of canned tomatoes.    V. S. v.  1,000
Gases of Canned Tomatoes.    Decree of condemnation and forfei- 
ture.    Product released under bond to be relabeled.     (F. & D. No.
19423.    I. S. No. 19935-v.    S. No. C-4048.)
On December 26, 1924, the United States attorney for the Southern District 
of Texas, 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 1,000 cases of canned tomatoes, in various lots, at Houston, 
Navasota, Victoria, and Brownsville, Tex., respectively, alleging that the 
article had been shipped by the Davis Canning Co., from Laurel, Del., on or 
about 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 a 
substance, added water, had been mixed and packed therewith so as to reduce, 
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 offered for sale under the distinctive name of 
another article.       ,   .        > 

On April 13, 1925, the Davis Canning Co., Laurel, "Del., having appeared! 
as claimant, judgment of condemnation and forfeiture was entered, and it was. 
ordered by 1:he court that the product 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 that it be 
relabeled in part: " Water 50% Tomatoes 50% These tomatoes were canned 
with an additional equal amount of water Canned tomatoes should be packed 
in their own juice without added water" and disposed of only after such 
relabeling had been accomplished to the satisfaction of this department.
J *-   '*        ?     R. W. DtrNLAPj Acting Secretary of Agriculture.
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