NOTICE OF JUDGMENT NO. 1034.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF TOMATO CATSUP.
On November 26, 1910, the United States Attorney for the District 
of Nebraska, acting upon the report of the Secretary of Agriculture, 
filed a libel for seizure and condemnation in the District Court of 
the United States against 600 cans, more or less, of tomato catsup, 
each of the 600 cans containing 5 gallons, in possession of Menora- 
h Co., Omaha, Nebr., alleging that the product had been trans- 
ported, on or about October 26, 1910, from the State of Ohio into 
the State of Nebraska, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. Each of the cans was 
labeled " Elks Pride brand Tomato Catsup. Made from tomatoes, 
granulated sugar, onions, spices and vinegar. Made by The Har- 
bauer-Marleau Company, Toledo, Ohio."
Analysis by the Bureau of Chemistry of this Department showed 
the product to contain 80,000,000 bacteria per cubic centimeter, and 
200 yeasts and spores per one-sixtieth cubic millimeter. Mold fila- 
ments were found in T5 per cent of the microscopic fields examined. 
Adulteration was, therefore, charged for the reason that the product 
contained a filthy, decomposed, and putrid vegetable substance, and 
that the substance had been mixed and packed with it so as to reduce 
or lower and injuriously affect its quality and strength. Misbrand- 
ing was charged in that the labels on the product were false and 
misleading in stating the ingredients, and in such a manner as would 
lead the purchaser to believe that the product was a good, pure, and 
genuine catsup made of sound and healthful substances, when in 
fact it consisted in part of a filthy, decomposed, and putrid vegetable 
substance.
On April 21, 1911, the court, after hearing, sustained the adulter- 
ation and misbranding charges in the libel, decreed the condemna- 
tion and destruction of the product in question, and taxed the costs 
of the proceedings against the Moor-Brady Co., claimants.
JAMBS WILSON, 
Secretary of Agriculture.
WASHINGTON, D. C, August 8, 1911.
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5876°—No. 1034—11