14030.  Adulteration   and   misurandlngr   of   cimned   tomatoes.      IT.   S.   v. .705
Cases and 7S Cases of Tor,!ntoe.s. Decrees of condemnation en- 
tered. Portion of pirodnct destroyed. Remainder released nudtr 
bond. (F. & D. Nos. 20219 to 20227, incl., 20232. I. S. No. 24789-v. 
S. Nos. C-3023, C-3023-a.)
On or about July 13, 1925, the United States attorney for the Western Dis- 
trict of Texas, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district libels praying seizure, 
and condemnation of 843 cases of canned tomatoes, remaining in the original 
unbroken packages at San Antonio, Tex., alleging that the article had been 
shipped by the Theobold-Berger Co., from Los Angeles, Calif., in part on or 
about December 30, 1924, and in part on or about January 31, 1925, and 
transported from the State of California into the State of Texas, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Case) " Sugarland Brand Tomatoes with Puree, 
Packed for George W. Wilson Company, Inc. San Antonio, Texas," (can) 
u Sugarland Brand Tomatoes Highest Quality."
It was alleged in the libels that the article was adulterated, in that 
tomatoes with puree from trimmings had been mixed and packed with the 
said article so as to reduce, lower or injuriously affect its quality and 
strength and had been substituted wholly or in part for the article.
Misbranding was alleged in substance for the reason that the statement 
" Sugarland Brand Tomatoes Highest. Quality," borne on the labels was false. 
and misleading  and  deceived  and  misled  the  purchaser,  in  that  the  said 
tomatoes were not of the highest quality.
On October 9, 1925, the George Wilson Co., San Antonio, Tex., having ap- 
peared as claimant for a portion of the product, and having admitted the 
allegations of the libel, except the allegation as to adulteration, a decree was 
entered, adjudging the said portion misbranded and ordering its condemna- 
tion, and it was further ordered by the court that the said portion be re- 
leased to the claimant upon payment of the costs of the proceedings and the 
execution of a bond in the sum of $300, conditioned in part that it not be 
sold or otherwise disposed of in violation of law. On January 5, 1926, no 
claimant having appeared for the remaining 11 cases of the product, judgment
% ....^.?,^.
of condemnation was entered, and it was ordered by the court that the said 
11 cases be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.