17344. Adulteration and Misbranding of canned tomatoes. TJ. S. v. 1097 
Cases of Canned Tomatoes. Consent decree of condemnation and 
forfeiture. Product released under bond. (F. & D. No. 24208. I. S. 
Nos. 017076, 017077.    S. No. 2433.)
On November 4,1929, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the district aforesaid, holding a District Court, a libel praying seizure 
and condemnation of 1,097 cases of canned tomatoes, remaining in the original 
unbroken packages at Washington, D. C, alleging that the article had been 
shipped by W. H. Sanford, from Kinsale, Va., in two consignments, on or 
about August 21, 1929, and August 23, 1929, respectively, and transported from
the State of Virginia into the District of Columbia, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was labeled 
|n jjari: "Southern Leader ?rand Tesaatees Packed bj W. H. Sanioru, Tucker 
Hill, "Va. [cut of red ripe tomatoes]."
It was alleged in the libel that the article was adulterated in that added 
water had been mixed and packed therewith so as to reduce and lower its 
quality, and had been substituted in part for canned tomatoes, which the said 
article purported to be.
Misbranding was alleged for the reason that the statement "Tomatoes," 
borne on the label, was false and misleading and deceived and misled the pur- 
chaser when applied to a product containing added water. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive name of another article.
On December 10, 1929, W. H. Sanford, Tucker Hill, Va., claimant, having 
admitted the allegations of the libel 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 upon 
payment of costs and the execution of a bond in the sum of $1,000, conditioned 
in part that it should not be sold or otherwise disposed of contrary to law.
ABTHUB M. HYDE, Secretary of Agriculture.