19807. Adulteration and Misbranding of tomato catsup. U. S. v. 98 Cases 
of Tomato. Catsup. Decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. No. 28214, 
I. S. No. 52435.    S. No. 6094.)
This action involved the interstate shipment of a quantity of tomato catsup,, 
samples of which were found to contain added gum.
On or about April 19, 1932, the United States attorney for the Eastern 
District of Louisiana, acting upon a 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 98 cases of tomato catsup, remaining 
in the original unbroken packages at New Orleans, La., alleging%that 81 cases 
of the article had been shipped in interstate commerce on or about January 30, 
1932, by Hunt Bros. Packing Co., from San Francisco, Calif., to New Orleans, 
La., and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: (Case) "Gresham Brand Tomato 
Catsup Packed by California Conserving Co. Incorporated, San Francisco."
It was alleged in the* libel that the article was adulterated in that tomato 
catsup containing added gum had been substituted for the said article.
Misbranding was alleged for the reason that the article was offered for sale 
and was sold under the distinctive name of another article, and for the further 
reason that the statement on the label, " Tomato Catsup," was false and mis- 
leading and deceived and misled the purchaser.
On May 18, 1932, a claim having been entered for a portion of the product 
by an agent of the Hunt Bros. Packing Co., San Francisco, Calif., and claimant 
having admitted the allegations of the libel, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon payment of costs and the execution of a 
good and sufficient bond, conditioned in part that it should not be sold or 
otherwise disposed of until relabeled in compliance with the Federal food and 
drugs act.
HBNET A. WALLACE, Secretary of Agriculture.