NOTICE OF JUDGMENT NO. 1196.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION OF CATSUP.
On November 16, 1910, the United States Attorney for the Western 
District of Pennsylvania, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district two libels, one praying condemnation and forfeiture of 20 
barrels of catsup in the possession of A. G. Lehman & Co., and the 
other praying condemnation and forfeiture of 7 barrels of catsup in 
the possession of the Pittsburgh Vinegar Co. The product was 
labeled: "Perfection Tomato Catsup Preserved with 1/10 of 1% 
Benzoate of Soda    Packed by H. N. Weller & Co., Toledo, O."
Samples of said products were examined by the Bureau of Chem- 
istry of the United States Department of Agriculture with the follow- 
ing results: Sample collected from the Pittsburgh Vinegar Co. and 
numbered I. S. 9942-c was found to contain 65 million bacteria per cc, 
and 325 yeasts and spores per one-sixtieth cmm.; mold filaments in 
75 per cent of the microscopic fields examined. The sample collected 
from the product in the possession of A. J. Lehman & Co., and num- 
bered for purposes of identification as I. S. 9943-c, was found to 
contain 65 million bacteria per cc, and 400 yeasts and spores per one- 
sixtieth cmm.; mold filaments in practically all the fields. The libels 
alleged that the catsup, after shipment by H. N. Weller & Co., 
Toledo, Ohio, from the State of Ohio into the State of Pennsylvania, 
remained in the original unbroken packages, and was adulterated in 
violation of the Food and Drugs Act of June 30, 1906, because it 
consisted in whole or in part of a filthy, putrid, or decomposed vege- 
table substance, and was therefore liable to seizure for confiscation.
On December 1, 1910, H. N. Weller & Co. appeared in each of the 
aforesaid proceedings and filed answers and petitions for leave to 
intervene as parties defendant, and for release of said catsup to 
them. Whereupon the court entered a decree in each case, finding 
the products adulterated as alleged in the libels, and condemning 
and forfeiting the said products to the United States, but with the
16863°—No. 1196—11
proviso that upon the payment of all the costs in the two proceedings, 
and the giving of a bond by H. N. Weller & Co. in each case in the 
sum of $500, conditioned that the aforesaid products should not be 
again sold contrary to law, that the same should be released to them.
W. M. HAYS,
Acting Secretary of Agriculture.
WASHINGTON, D. C, November 8, 1911.
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