3.9330.  Adulteration of tomato puree.     U.  S. v. 24 Cases of Tomato Puree. 
Default    decree    of   condemnation,    forfeiture,    and    destruction.
(F. & D. No. 27248.    I. S. No. 44791.    S. No. 5426.)
Samples of tomato puree from the shipment herein described haying been 
found to contain excessive mold, the Secretary of Agriculture reported the 
matter to the United States attorney for the Northern District of West Virginia.
On November 23, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 24 cases of tomato puree, remaining in the original cans at 
Parkersburg, W. Va., alleging that the article had been shipped on or about 
August 21, 1931, by the Wooster Preserving Co. from Wooster, Ohio, and 
had been transported in interstate commerce from the State of Ohio into the 
State of West Virginia, and charging adulteration in violation of the food and 
drugs act. The article was labeled in part: (Cans) "Cedar Valley Brand 
Puree * * * Red Ripe Tomatoes. Packed by The Wooster Preserving 
Co., Wooster, Ohio."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy, decomposed, and putrid vegetable substance unfit 
for food.
On January 14, 1932, no claimant having appeared, judgment of condemna- 
tion and forfeiture was entered, and it was ordered by the court that the prod- 
uct be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.