30295. Adulteration and misbranding of tomato catsup.    U. S. v. 156 Bottles of
Horse-Shoe Brand Tomato Catsup.   Default decree of condemnation and 
destruction.    (F. & D. No. 42214.    Sample No. 9278-D.)
This product was found to contain added apple pulp.
On April 21, 1938, the United States attorney for the Southern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 156 bottles of tomato 
catsup at Biloxi, Miss.; alleging that the article had been shipped in interstate 
commerce on or about April 1, 1938, by the Horse-Shoe Pickle Works, Ltd., New 
Orleans, La.; and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Horse-Shoe Brand 
Tomato Catsup."
Adulteration was alleged in that a substance containing apple pulp had been 
substituted wholly or in part for tomato catsup, which the article purported 
to be.
Misbranding was alleged in that the statement "Tomato Catsup" was false 
and misleading and tended to deceive and mislead the purchaser when applied 
to an article which contained apple pulp. It was alleged to be misbranded 
further in that it was an imitation of and was offered for sale under the 
distinctive name of another article.
On February 23, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.