16159. Adulteration  and  Misbranding of  canned  tomatoes  and  misbrand 
ing of tomato catsup. TJ. S. v. 170 Cases of Tomato Catsup, et al. 
Consent decrees of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. Nos. 22326, 22327. I. S. Nos. 20080-x, 
20081-x, 20083-x, 20084-x, 20085-x, 20086-x, 20088-x.     S. Nos. 324, 325.)
On or about December 27, 1927, the United States attorney for the District 
of New Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying seizure and 
condemnation of 540 cases of tomato catsup and 313 cases of canned tomatoes, 
remaining unsold in part at Long Branch, N. J., and in part at New Brunswick, 
N. J., alleging that the articles had been shipped by Greenabaum Bros. (Inc.), 
Seaford, Del., in two shipments, namely, on Septemhea?1 27 and September 28, 
1927, respectively, and transported from the State of Delaware into the State 
of New Jersey, and charging adulteration and Misbranding of the canned to- 
matoes and Misbranding of the tomato catsup, in violation of the food and drugs 
act. The articles were labeled variously in part: " Sundale Brand Tomatoes 
* * * Packed by Greenabaum Bros., Inc. Seaford, Del.; " " Reel Tomatoes; " 
" Nanticoke Brand Pure Wholesome Tomato Catsup * * * Packed by Greena- 
baum Bros., Inc., Seaford * * * Del.; " " Hub Oity Brand Tomato Catsup 
*
.   *    *     ; " " Reel Fancy Tomato Catsup."
Adulteration of the said canned tomatoes was alleged in the libels for the 
reason that a substance, water, had been substituted wholly or in part for the 
article and had been mixed and packed therewith, so as to reduce, lower, or 
injuriou^y affect its quality or strength.
Misbranding was alleged with respect to the canned tomatoes and the tomato 
catsup for the reason that the labels bore the following statements, (tomatoes) 
"Tomatoes" (cut of red, ripe tomato), (portion of tomato catsup, bottle label) 
"Tomato Catsup," (bottle and neck label) "Made-from carefully selected whole 
tomatoes, salt, sugar, spices, onions, and vinegar. Guaranteed Pure and to 
Comply with all U. S. Food Laws Contains no Artificial Color or Preservatives," 
(portion of tomato catsup, bottle label)   "Tomato Catsup,"   (bottle and neck
label) "Made from * * * ripe tomatoes, sugar, vinegar, salt, onions, garlic, 
and spices," (neck label) " Guaranteed Pure. Contains no Artificial Color or 
Preservative," (portion of tomato catsup, bottle label) " Tomato Catsup," (bottle 
and neck label) "Made from * * * Ripe tomatoes, sugar, vinegar, salt, 
onions, garlic, and spices," (neck label) "We guarantee this Catsup to be 
Absolutely Pure. No Preservative or Artificial coloring," which statements were 
false and misleading and deceived and misled the purchaser. Misbranding 
was alleged with respect to a portion of the said tomato catsup for the further 
reason that it was offered for sale under the distinctive name of another article. 
On March 5, 1928, Greenabaum Bros. (Inc.), Seaford, Del., claimant, having 
admitted the allegations of the libels and having consented to the entry of 
decrees, judgments of condemnation and forfeiture were entered, and it was 
ordered by the court that the products be released to the said claimant upon 
payment of costs and the execution of bonds totaling $2,000, conditioned in 
part that they be reshipped to the claimant's place of business at Seaford, 
Del., to be relabeled or repacked so that they meet the requirements of the 
Federal food and drugs act. On June 18, 1928, the decrees were amended 
to permit the use of the canned tomatoes in the manufacture of chili sauce.
R. W. DUNLAP, Acting Secretary of Agriculture.