22080. Adulteration of canned  tomatoes.     U.   S.  v.  719  Cases  of  Canned
Tomatoes. Default decree of condemnation, forfeiture, and de- 
struction. (F. & D. nos. 28797 to 28806, incl. Sample nos. 13394-A, 
16779-A, 16782-A.)
This case involved an interstate shipment of canned tomatoes, examination 
of which showed the presence of insect-infestation and maggots.
On August 27, 1932, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 719 cases of canned 
tomatoes at New Orleans, La., alleging that the article had been shipped in 
interstate commerce on or about May 20, 1932, by J. W. Gillespie, from Prince- 
ton, Fla., and charging adulteration in violation of the Food and Drugs Act. 
The article was labeled in part: " Winners Brand Tomatoes * * * Packed 
By Columbia Canning Co. Homestead, Fla. J. W. Gillespie Owner."
It was alleged in the libel that the article was adulterated in that it con- 
sisted wholly or in part of a filthy vegetable substance.
On May 10, 1934, the claim of J. W. Gillespie, the sole intervener, having 
been withdrawn, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be destroyed by the United 
States marshal.
M. L. WILSON, Actvng Secretary of Agriculture.