16696. Misbranding of tomato catsup.     U. S. v. 93 Gases of Tomato Catsup-
Default ? decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 22884.    I. S, No. 01951.    S. No. 957.)
On July 16, 1928, the United States attorney for the Northern District of 
Illinois, 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 93 cases of tomato catsup, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by the Frazier Packing Co., from Elwood, Ind., June 23, 1928, and transported 
from the State of Indiana into the State of Illinois, and charging misbranding 
in violation of the food and drugs act. The article was labeled in part: 
" Joflaco Brand Tomato Catsup, Distributed by John F. Lalla Co., Chicago, 
* * * Made from Whole Red Ripe Tomatoes. * * * Free from Artificial' 
Coloring or Preservatives."
It was alleged in the libel that  the article was  misbranded in  that the- 
statement in the labeling, " Free from Artificial Coloring," was false and mis- 
leading and deceived and misled the purchaser, since the product contained 
an artificial coloring.
On April 18, 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.
ARTHUR M. HYDE, Secretary of Affriculture.