25469. Adulteration   and misbranding of  tomato   puree   and   Adulteration of
tomato catsup.     V.  S. v.  29 Cases  of Tomato Puree and 69 Cases of 
Tomato   Catsup.    Default   decrees   of   condemnation  and   destruction.
(F. & D. nos. 36590, 36591.    Sample nos. 33595-B, 33596-B.)
These cases involved canned tomato puree and tomato catsup which were 
adulterated because of the presence of excessive mold. The puree was also 
misbranded because of failure to declare the quantity of the contents.
On October 31, 1935, the United States attorney for the Eastern District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 29 cases of tomato 
puree and 69 cases of tomato catsup at Racine, Wis., alleging that the articles 
had been shipped in interstate commerce on or about September 17, 1935, by 
the Henryville Canning Co., from Henryville, Ind., and charging adulteration 
and misbranding of the former and Adulteration of the latter, in violation of 
the Food and Drugs Act. The articles were labeled: "Crystal Springs Brand 
Tomato Puree [or "Henryville Brand Tomato Catsup"] * * * Henryville 
Canning Co., Henryville, Ind." The puree was further labeled: "Contents 
IOWA ozs. avoir."
The articles were alleged to be adulterated in that they consisted in whole 
or in part of decomposed vegetable substances.
Misbranding of the tomato puree was alleged for the reason that it 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 quantity stated 
was not correct, in that the cans were no. 10 size and the label used was for 
no. 1 can.
On December 27, 1935, no claimant having appeared, judgments of condemna- 
tion were entered and it was ordered that the products be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.