26885. Adulteration of   tomato   puree.    U.   S.   v.   99   Cases   and  198  Cases   of
Tomato   Puree.     Default   decrees   of   condemnation   and   destruction.
(F. & D. nos. 38725, 38758.    Sample nos. 21489-C, 21495-C.)
This product contained filth resulting from worm infestation, and a part of 
it also contained excessive mold.
On November 30 and December 4, 1936, the United States attorney for the 
Eastern District of Missouri, acting upon reports by the Secretary of Agricul- 
ture, filed in the district court libels praying seizure and condemnation of 297 
cases of tomato puree at St. Louis, Mo., alleging that it had been shipped in 
interstate commerce on or about October 5 and October 8, 1936, by the Everitt 
Packing Co., from Underwood, Ind., and charging adulteration in violation of 
the Food and Drugs Act. A portion of the article was labeled: "Ever-It Brand 
* * * Tomato Puree Packed by Everitt Packing Co. Underwood, Ind." The 
remainder was labeled: "Deluxe Brand Tomato Puree Packed Especially for 
Lowell-Krekeler Grocer Co. St. Louis, Mo."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy vegetable substance.
On December 23, 1936, no claimant having appeared, judgments of condemna- 
tion were entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.