16497. Adulteration and Misbranding of tomato catsup.    U. S. v. 105 Cases-
of Tomato Caisup. Decree of condemnation entered. Product 
released under bond. (F. & D. No. 23357. I. S. Nos. 013021, 013022. S. 
No. 1510.)
On January 31, 1929, the United States attorney for the Western District of. 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the - 
District Court of the United States for said district a libel praying seizure 
and  condemnation  of 105 cases  of  tomato  catsup,   remaining unsold  in  the- 
original unbroken packages at Louisville, Ky., consigned by the Naas Corpora- 
tion, Sunman, Ind., alleging that the article had been shipped from Sunman,.. 
Ind., on or about October 18, 1928, and transported from the State of Indiana 
into the  State of Kentucky,  and charging adulteration  and misbranding in 
violation of the food and drugs act. . The article was labeled in part: " Mono- 
gram Brand Tomato Catsup    *    *    *    Made from Fresh Ripe Tomato Slices."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, artificial color, had been mixed with and substituted wholly or in 
part for the said article.
Misbranding was alleged in substance for the reason that the designation 
"Tomato Catsup made from Fresh Ripe Tomato Slices" was false and mis- 
leading in that artificial coloring matter had been used therein.    Misbranding; - 
was alleged for the further reason that the article was offered for sale under- 
the   distinctive  name   of   " Tomato   Catsup   made  from   Fresh   Ripe   Tomato- 
Slices," whereas artificial coloring matter had been used.
On July 6, 1929, Knadler & Lucas, Louisville, Ky., having appeared as claim- 
ant for the property, judgment of condemnation was entered, and it was 
ordered by the court that the product be released to the said claimant upon, 
payment of costs and the execution of a bond in the sum of $1,000, conditioned 
in part that it be relabeled, under the supervision of this department, to show 
the presence of artificial coloring.
AETHUR M. HYDE, Secretary of Agriculture.