27083. Adulteration   and misbranding of   tomato   soup   and   Adulteration of 
tomato catsup.     IT. S. v. 119%   Cases of Tomato Soup and 600, 86, and 
95 Cases of Tomato Catsup.     Decrees of destruction.    (F. & D. nos. 38900 
39069, 39153, 39368.    Sample nos. 5243-C,  30088-C, 30122-C, 30243-C.)
These products contained filth resulting from the use of worm-infested fruit.
On January 5, 1937, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 119% cases of canned tomato 
soup at Duluth, Minn. On February 11, February 27, and April 13, 1937, 
libels were filed against 600 cases of tomato catsup at Kansas City, Mo., 86 
cases at Lincoln, Nebr. and 95 cases at Fremont, Nebr.   The libels alleged that
the articles had been shipped in various shipments in interstate commerce 
between the dates of July 29, 1936, and December 31, 1936, by the Vincennes 
Packing Corporation from Vincennes, Washington, and Seymour,- Ind., and 
charging that they were adulterated and that the tomato soup also was mis- 
branded in violation of the Food and Drugs Act. The articles were labeled 
variously: "Standby Tomato Soup * * * The Tomato Soup in this can is 
prepared from vine ripened tomatoes carefully selected, washed and trimmed 
Packed for Fine Foods, Inc., Seattle Wash. Minneapolis"; "Pickwick Brand 
Tomato Catsup * * * Distributed by Kansas City Wholesale Grocery Co. 
Kansas City, Mo."; "Black Bird Brand Catsup * * * Packed for H. P. 
Lau Co. Lincoln, Fremont, Nebr."
The articles were alleged to be adulterated in that they consisted wholly or 
in part of filthy vegetable substances.
The tomato soup was alleged to be misbranded in that the statement, "The 
tomato soup in this can is prepared from vine-ripened tomatoes, carefully 
selected, washed and trimmed", borne on the label, was false and misleading 
and tended to deceive and mislead the purchaser, in that the presence of worm- 
infested tomato pulp showed that the tomatoes were not "carefully selected, 
washed,  and trimmed", but that they contained in part a filthy vegetable
On February 24, April 12, April 21, and April 22, 1937, the H. P. Lau Co., 
claimant for the goods seized at Fremont, Nebr., having consented to the 
destruction of said lot and no claim having been entered for the remaining lots, 
judgments of condemnation were entered and it was ordered that the products 
be destroyed.
W. R. GKEGG, Acting Secretary of Agriculture.