426. Adulteration  and misbranding of  vegetable   soup  mixture.     U.   S.  v.  S3
Dozen Packages of Vita-Cup Brand Vegetable Soup.    Default decree of 
condemnation and destruction.     (F. D. C. No. 916.    Sample No. 74301-D.)
This product was represented to be a mixture from which vegetable soup 
could be made. It consisted, however, of about 73 percent of noodles and 27 
percent of dried vegetables and kelp. Certain vegetables depicted on a vignette 
on the package were not found in the mixture; the contents occupied not 
more than 63 percent of the carton; the weight was less than that declared; 
and the labeling was misleading in other particulars.
On November 10, 1939, the United States attorney for the District of Massa- 
chusetts filed a libel against '33 dozen packages of vegetable soup mixture at 
Boston, Mass., alleging that the article had been shipped in interstate com- 
merce on or about October 21 and 26, 1939, by Martha E. Bussler, Inc., from 
New York, N. Y.; and charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that a substance containing 
73 percent of noodles had been substituted wholly or in part for an article 
which purported to be vegetable soup.
It was alleged to be misbranded in that the statement, "Vegetable Soup 
* * * Made from 1 Pound Fresh Garden Vegetables Concentrated * * * 
Contents Carrots, Celery, Kelp, Okra, Onions, Leek, Parsley, Parsnips, Ruta- 
bagas, Beans, Turnips, Tomatoes, Vegetable seasoning and Egg Products Con- 
centrated Vegetables," borne on the label, were false and misleading when 
applied to an article consisting essentially of noodles with some dried vege- 
tables and seaweed (kelp) ; in that the vignette borne on the label was false 
and misleading since no peas or lima beans were found in the mixture; in 
that the statement "Conforms to State and all Federal Pure Food laws," was 
false and misleading since the article did not conform to the provisions of 
the Federal Food, Drug, and Cosmetic Act; in that the statement "2 Oz. Net 
Weight When Packed" was false and misleading since it was incorrect; in 
that the article was offered for sale under the name of another food, namely, 
"Vegetable Soup"; in that its container was so made, formed, or filled as to 
be misleading; and in that it was in package form and did not bear an 
accurate statement of the quantity of contents.
On December 18, 1939, no claimant having appeared, a decree of condemna- 
tion was entered and the product was ordered destroyed.
TOMATOES AND TOMATO PRODUCTS
Nos. 427 to 434 report the seizure and disposition of tomato products which 
contained excessive mold.