22438. Adulteration and misbranding of tomato catsup. U. S. v. 6 Cases 
et al., of Tomato Catsup. Default decrees of condemnation, for- 
feiture, and destruction. (F. & D. nos. 32425, 32478. Sample nos. 
58944-A, 58945-A,  58948-A, 58949-A.)
These cases involved interstate shipments of two lots of bottled' catsup and a 
number of jugs of catsup. Examination of samples of both lots of bottled 
catsup showed the presence of excessive mold. Examination of the product 
in jugs showed that the contents was less than 1 gallon, the purported volume.
On March 26, 1934, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 6 cases and 38 jugs 
of catsup at Hazleton, Pa. On April 2, 1934, a libel was filed in the Eastern 
District of Pennsylvania against 45 cases of catsup at Reading, Pa. It was 
alleged in the libels that the article had been shipped in interstate commerce, 
on or about August 14, August 31, and September 1, 1933, by Raab's Blue 
Ribbon Products Inc., from Williamstown, N. J., and that a portion was adul- 
terated and the remainder misbranded in violation of the Food and Drugs Act 
as amended. The catsup contained in the jugs, and a part of the bottled catsup 
were labeled, " Blue Ribbon Brand Tomato Catsup * * * Raab's Blue Rib- 
bon Products Incorporated Williamstown, N. J.", the jugs being further labeled, 
"Contents 14 Ozs", and (blown in the jug) "One Gallon." The remainder of 
the bottled catsup was labeled in part: "Ensslen's Brand Tomato Catsup 
*   *   *   Rudolph Ensslen Sons   *    *   *   Reading, Pa."
It was alleged in the libels that the bottled catsup was adulterated in that 
it consisted wholly or in part of a decomposed vegetable substance.
Misbranding of the portion of the product contained in jugs was alleged for 
the reason that the statements on the label, " Contents Fourteen Ozs.", as 
applied to a gallon-sized container and the statement blown in the jug, " One 
Gallon", were false and misleading and tended' to deceive and mislead the 
purchaser; and for the further reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statements made were 
incorrect.
On April 18 and April 27, 1934, no claimant having appeared for the prop- 
erty, judgments of condemnation and forfeiture were entered', and it was 
ordered by the court that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.