NOTICE OF JUDGMENT NO. 1175.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION OF TOMATO CATSUP.
On December IT, 1910, the United States Attorney for the Eastern 
District of Missouri, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said dis- 
trict a libel praying condemnation and forfeiture of 557 cases of 
tomato catsup in the possession of the Scudders Gale Grocer Co., St. 
Louis, Mo. Two hundred and fifty-seven cases were labeled as fol- 
lows: "4 Doz. 8 oz. Owl Catsup Scudders Gale G. Co., St. Louis.''' 
Each bottle was labeled: " Owl Brand Tomato Catsup—put up for 
the Scudders Gale Grocery Co., St. Louis, Mo.—Prepared with 1/10 
of 1% Benzoate of Soda." One hundred cases were labeled as fol- 
lows: (On case) "2 Doz. 16 Oz. Buffalo Catsup—Scudders-Gale G. 
Co., St. Louis." (On bottles) "Buffalo Brand Tomato Catsup. 
Warranted first-class. Not artificially colored. Prepared from 
fresh, ripe tomatoes. Put up for the Scudders-Gale Grocer Co., 
St. Louis, Missouri, U. S. A." Two hundred cases of said catsup 
were labeled as follows: (On case) "2 doz. 14 oz. Owl Catsup. 
Scudders-Gale G. Co., St. Louis." (On bottles) "Owl Brand To- 
mato Catsup. Put up for the Scudders-Gale Grocer Co., St. Louis, 
Mo. Prepared with 1/10 of one per cent Benzoate of Soda." Offi- 
cial samples from the first lot were collected and designated: First 
lot, I. S. No. 2300-c; second lot, I. S. No. 2284-c and 2285-c; and 
third lot, I. S. No. 2286-c and 2287-c.
Examination of these samples was made by the Bureau of Chem- 
istry of the United States Department of Agriculture with the fol- 
lowing results: Sample I. S. 2300-c: Yeasts and spores 87 per one-
14734°—No. 1175—11
sixtieth cubic millimeter; bacteria 190 million per cubic centimeter; 
mold filaments present in 78 per cent of the fields. Sample I. S. 
2284-c: Yeasts and spores, 100 pe? one-sixtieth cubic millimeter; 
bacteria 100 million per cubic centimeter; mold filaments present in 
90 per cent of the fields. Sample I. S. 2285-c: Yeast and spores 95 
per one-sixtieth cubic millimeter; bacteria, 72 million per cubic centi- 
meter; mold filaments in 85 per cent of the fields. Sample I. S. 
2286-c: Yeast and spores 72 per one-sixtieth cubic millimeter; bac- 
teria, 120 million per cubic centimeter; mold filaments present in 60 
per cent of the fields. Sample I. S. 2287-c: Yeast and spores 62 per 
one-sixtieth cubic millimeter; bacteria, 96 million per cubic centi- 
meter; mold filaments present in 75 per cent of the fields. The libel 
alleged that the tomato catsup, after shipment by the Frazier Pack- 
ing Co., Elwood, Ind., from the State of Indiana into the State of 
Missouri, remained in the original unbroken packages, and was adul- 
terated in violation of the Food and Drugs Act of June 30, 1906, 
because it consisted in whole or in part of a filthy, putrid, or decom- 
posed vegetable substance, and was therefore liable to seizure for 
confiscation.
On March 6, 1911, the case coming on to be heard, and no answer 
being filed, and no person appearing as claimant, the court found 
the product adulterated as alleged in the libel, and that the United 
States was entitled to a decree of condemnation as prayed for. Ac- 
cordingly a decree was entered, condemning and forfeiting the goods 
to the United States, and ordering their destruction by the marshal.
JAMES WILSON, 
Secretary of Agriculture. 
WASHINGTON, D. C, October 23,1911.
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