16082. Misbranding- of tomato catsup. U. S. v. 18 Cases of Tomato Catsup. 
Consent decree of condemnation and destruction entered.     (F. & I).
No. 22956.    1. S. No. 01928.    S. No. 1024.)
On August 3, 1928, the United States attorney for the Southern District of 
Iowa, acting upon a report by tlie Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 18 cases of tomato catsup, remaining unsold in the original 
packages at Des Moines, Iowa, alleging that the article had been shipped by 
the Morgan Packing Co., from Austin, Ind., on or about June 23, 1928, and 
transported from the State of Indiana into the State of Iowa, and charging; 
misbranding in violation of the food and drugs act. The article was labeled 
in part: (Bottle) "Scott Co. Brand Tomato Catsup, Morgan Packing Co., 
Austin, Ind."
It was alleged in substance in the libel that artificial coloring was present 
in the article, and that it was misbranded in that the designation " Tomato- 
Catsup" was false and misleading and deceived and misled the purchaser. 
Misbranding was alleged for the further reason that the article was offered 
for sale under the distinctive name of another article.
On October 29, 1928, the Morgan Packing Co.. Austin, Ind., having entered 
an appearance and having consented to the entry of a decree, judgment of 
condemnation and confiscation was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal, and that said Morgan 
Packing Co. pay the costs of the proceedings.
ARTHUR M. HYDE, Secretary of Agriculture.