19426. Misbranding and alleged Adulteration of canned tomatoes. V. S. v. 
15 Cases of Canned Tomatoes. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 25475. I. S. No. 9151. S. No. 
3734.)
Samples of canned tomatoes from the shipment herein described having been 
found to contain added tomato puree, pulp, or juice, the Secretary of Agricul- 
ture reported the, matter to the United States attorney for the Northern 
District of West Virginia.
On December 22, 1930, the United- States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 15 cases of canned tomatoes, remaining in the original cans at 
Parkersburg, W. Va., alleging that the article had been shipped on or about 
September 12, 1930, by W. E. Robinson & Co., from Federalsburg, Md., and had 
been transported in interstate commerce from the State of Maryland into the
State of West Virginia, and charging adulteration and misbranding in viola- 
tion of the food and drugs act. The article was labeled in part: " Robinson 
Brand Tomatoes * * * Packed for W. E. Robinson, Belair, Md. tcut of red, 
ripe tomatoes]."
Adulteration was alleged in the libel for the reason that tomato puree, pulp, 
or juice had been mixed and packed with the article so as to reduce, lower, or 
injuriously affect its quality or strength, and had been substituted in part for 
the said article.
Misbranding was alleged for the reason that the statement made upon the 
containers and the cut of red, ripe tomatoes were false and misleading, since 
the article was composed in part of tomato puree or juice.
On June 29, 1931, no claimant having appeared for the property, judgment 
was entered finding the product misbranded and ordering its condemnation and 
forfeiture, and it was further ordered by the court that the said product be 
destroyed by the United States marshal.
AETHTJE M. HYDE, Secretary of AgriculUire.