3994. Adulteration of tomato pulp. TJ. S. * * * v. 75 Cases * * * of Tomato Pulp;?
Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 6315. I. S.?
No. 1129&-k.   S. No. C-171.)
On February 26, 1915, the United States attorney for the Southern District of Ohio,?
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 75 cases,?
each containing 48 cans of tomato pulp, remaining unsold in the original unbroken?
packages, at Cincinnati, Ohio, alleging that the product had been shipped and trans??
ported in interstate commerce from the State of Indiana into the State of Ohio, and?
charging adulteration in violation of the Food and Drugs Act. Part of the cases were?
labeled: "No. 1 Scout Brand Tomato Pulp." Part were labeled: "No. 1 Scott?
County Brand Tomato Pulp." The cans were labeled: "Scott Co. Brand Whole?
Tomato Pulp Packed by Austin Canning Co., Austin, Ind. Contents 10 oz.??
Directions:''
Adulteration of the product was alleged in the libel for the reason that it contained?
and consisted partially of a filthy and decomposed vegetable substance.
On March 18, 1915, no claimant having appeared for the property, it was ordered?
by the court that the libel should be taken pro confesso, and that the case might be?
presented for final judgment and decree at any time subsequent to 30 days from the?
entry of said order pro confesso. On April 19, 1915, the case having come on to be?
heard upon the motion of the United States attorney for final judgment, and it appear??
ing to the court that since the order pro confesso no claim or answer had been filed,?
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.
C. F. MAKVIN, Acting Secretary of Agriculture.
WASHINGTON, D. C, July 19, 1915.
N. J. 3951-4000.]     SERVICE  AND REGULATORY ANNOUNCEMENTS.	63f