19271. Adulteration and Misbranding of tomato catsup.    U. S. v. 400 Cases
of Tomato Catsup.    Default decree of destruction entered.     (F. &
D. No. 26991.    I. S. No. 35425.    S. No. 5211.)
Examination of samples of tomato catsup from the shipment herein described 
showed that the articles contained excessive mold and that the quantity of 
the contents was not plainly and conspicuously marked on the can3 containing 
the article.
On September 24, 1931, the United States attorney for the District of 
Minnesota, acting upon the report by the Secretary of Agriculture, filed in
the District Court of the United States for the district aforesaid a libel 
praying seizure and condemnation of 400 cases of tomato catsup, remaining 
in the original unbroken packages at St. Paul, Minn., alleging that the article 
had. been shipped by the Wm. Craig Canning Co., from Ogden, Utah, on or 
about September 28, 1930, and had been transported from the State of Utah 
into the State of Minnesota, and charging adulteration and misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: (Can) "Royal Brand Tomato Catsup." Two statements of weight 
appeared on the label, the statement, " Contents 12 oz. Net," printed on the 
original label being overstamped by the words " Contents 6 lbs. 6 oz." This 
latter statement was not plain and conspicuous, nor was the former obliterated. 
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously marked 
en the outside of the package, since the package bore two conflicting statements.
On December 23, 1931, no claimant having appeared for the property, judg- 
ment was entered ordering that the product be destroyed by the United States 
marshal.
ARTHUR M. HYDE, Secretary of Agriculture.