19944. Adulteration and Misbranding of tomato catsup.    U. S. v. 44 Cases
of   Tomato   Catsup.    Default  decree   of   destruction.     (F.   &  D.   No.
28004.    I. S. No. 50808.    S. No. 6065.)
This action was based on the interstate shipment of a quantity of tomato 
catsup, samples of which were found to contain excessive mold. Certain cans 
examined also were found to be short of the declared weight.
On April 14, 1932, the United States attorney for the Western District of 
Missouri, 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 44 cases of tomato catsup at Albany, Mo., alleg- 
ing that the article had been shipped in interstate commerce on or about 
November 25, 1931. by the Currie Canning Co., from Grand Junction, Colo., to 
Kansas City, Mo., and reshipped on or about November 30, 1931, to Albany, 
Mo., and charging adulteration and misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Cans) " Mesa Brand 
Tomato Catsup Weight of Contents 11 Ozs. * * * Packed by the Currie 
Canning Co. Grand Junction, Colo."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed vegetable substance.
Misbranding of the article was alleged in that the statement on some of the 
cans, " Weight of Contents 11 Ozs.," was false and misleading and deceived and 
misled the purchaser, and for the further reason that the product was in pack- 
age form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the quantity stated on some of 
the cans was incorrect.
On June 10, 1932, no claimant having appeared for the property, a decree 
was entered by the court ordering that the product be destroyed by the United 
States marshal.
HENBY A. WALLACE, Secretary of Agriculture.