3456.?Adulteration of tomato pulp.   U. S. v. 400 Cases of Tomato Pulp.   Default decree of
condemnation, forfeiture, and destruction.   (F. & D. No. 5497.   I. S. No. 2978-h.   S. No.?
2062.)
On December 24, 1913, the United States attorney for the Eastern District of?
Texas, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel for the seizure and condemnation?
of 400 cases of tomato pulp, remaining unsold in the original unbroken packages at?
Beaumont, Tex., alleging that the product had been transported in interstate com??
merce from the State of Maryland into the State of Texas, and charging adulteration?
in violation of the Food and Drugs Act. The cases were labeled: "Family Brand?
Tomato Pulp packed by D. E. Foote & Co., Baltimore, Md." (Stencil on end)?
"P. J. Gro. Co., Beaumont, Texas." The cans were labeled: "Family Brand con??
tents 10 oz. or over Tomato Pulp made from small tomatoes and trimmings packed?
by D. E. Foote and Co. Inc., Baltimore, Md."
Adulteration of the product was alleged in the libel for the reason that it consisted?
in whole or in part of filthy, decomposed, and [or] putrid vegetable substance unfit?
for food; that is to say, said product consisted of numerous small moldy fragments?
and partially decomposed [parts of (?)] vegetables.
On April 9, 1914, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered and it was ordered by the court that the?
product should be destroyed by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914.