10519. Misbranding of tomato eatsup. U. S. v. 290 Cases, et al., of Tomato 
Catsup. . Default decree of condemnation, forfeiture, and destruc- 
tion.     (F.  & D.  No.  23358.     I.  S.  Nos.  02645,  02646.     S.  No.  1514.)
On February 1, 1929, the United States attorney for the Western District of 
Pennsylvania, 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 290 cases containing 8-ounce bottles, and 149 cases containing 
14-ounce bottles of tomato catsup at Johnstown, Pa., alleging that the article 
had been shipped by the Mid West Food Packers, from Fowlerton, Ind., on or 
about September 8, 1928, and transported from the State of Indiana into the 
State of Pennsylvania, and charging misbranding in violation of the food and 
drugs act. The article was labeled in part: (Bottles) "Mid-West Brand 
Tomato Catsup * * * This Catsup Guaranteed To Be Absolutely Pure. 
No Preservative or Artificial Coloring. Made by Mid-West Food Packers, 
Fowlerton, Indiana."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " This Catsup Guaranteed To Be Absolutely Pure. No * * * Artifi- 
cial Coloring," were false and misleading and deceived and misled the purchaser.
On June 7, 1929, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
ARTHTJK M. HYDE, Secretary of Agriculture.