3149.?Adulteration and alleged adulteration of tomato pulp.   TJ.  S. v. 400
and 1,000 Cases of Tomato Pulp.   Consent decree of condemnation,?
forfeiture, and destruction as to the 400 cases.   Libel dismissed as
to the 1,000 cases.     (F. & D. No. 5288.    S. No. 1878.)
On July 30, 1913, the United States Attorney for the Southern District of?
Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district libels for the seizure and?
condemnation of 400 cases and 1,000 cases, each containing 48 cans of tomato?
pulp, remaining unsold in the original unbroken packages in possession of A.?
Janszen & Co., Cincinnati, Ohio, alleging that the product had. been trans??
ported in interstate commerce from the State of Maryland into the State of?
Ohio, and charging adulteration in violation of the Food and Drugs Act. The?
400 cases were labeled':, " 4 Doz. No. 1 Victory Strained Tomato Trimmings?
and Tomato Pulp?Packed by John Boyle Co., Baltimore, Md.?A. J. Cin., O."?
The cans in these cases were labeled: "Victory Brand Strained Tomato Trim??
mings and Tomato Pulp?For Soup?Packed by The John Boyle Co., at Balti??
more, Md." The 1,000 cases were labeled: " 4 Doz. No. 1 Yale Brand Strained?
Tomato Trimmings and Tomato Pulp?Packed by The John Boyle Co., A. J.?
Cin., O." The cans in the 1,000 cases were labeled: " Yale Brand Strained?
Tomato Trimmings and Tomato Pulp?For Soup?Guaranteed by The John?
Boyle Co., under the Food and Drugs Act June 30, 1906, Serial No. 4378.?The?
John Boyle Co., Baltimore, Md., Distributors."
Adulteration of the product was alleged in the libels for the reason that said?
article of food contained and consisted of a filthy and decomposed vegetable?
substance.
On November 15, 1913, the case against the 1,000 cases having come on for?
hearing, upon motion of the United States attorney the case was dismissed and?
it was ordered by the court that the product should be redelivered to the claim??
ant thereof, the John Boyle Co., Baltimore, Md.
On November 26, 1913, the said John Boyle Co., claimant for the 400 cases?
of pulp, having filed its answer admitting the facts set forth in the libel and con??
senting to a decree, judgment of condemnation and forfeiture as to the 400?
cases was entered, and it was ordered by the court that the product should?
be destroyed by the United States marshal and that the costs of the proceed??
ing should be paid by said claimant.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 6, 1914.