17514. Adulteration and Misbranding of tomato catsup.    XJ.  S. v. 18 Cases"
of  Tomato   Catsup.     Default   decree   of  condemnation,   forfeiture, 
and destruction.     (F. & D. No. 24601.    I. S. No. 037807.    S. No. 2952.)
Samples of tomato catsup from the herein-described interstate shipment 
having been found to contain mold and undeclared artificial color, the Secretary 
of Agriculture reported the facts to the United States attorney for the Western 
District of Missouri.
On March 7, 1930, the United States attorney filed in the District Court of 
the United States for said district a libel praying seizure and condemnation 
of 18 cases of tomato catsup at Lebanon, Mo., alleging that the article had 
been shipped by the Rush Canning Co., from Bentonville, Ark., on or about 
October 22, 1929, and transported from the State of Arkansas into the State 
of Missouri, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Can) "Packed by Mid- 
Mountain Fruit Company, Bentonville, Ark., Grown and packed in the Ozark 
Mountains   *    *    *    Mid-Mountain Brand."
It was alleged in the libel that the article was adulterated in that it consisted 
in whole or in part of a filthy, decomposed, or putrid vegetable substance.
Misbranding was alleged for the reason that the designation " Tomato 
Catsup " on the labels, was false and misleading and deceived and misled the 
purchaser, when applied to an article containing artificial color.
On April 14, 1930, 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 Agriculture.