F. & D. No. 1994.
I. S. No. 15281-b.	
Issued May 18, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1405.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF TOMATO KETCHUP.
On January 24, 1911, the United States Attorney for the Western?
District of Missouri, acting upon a report by the Secretary of Agri??
culture, filed information in the District Court of the United States?
for said district against the Kansas City Conserve Co., alleging ship??
ment by it, in violation of the Food and Drugs Act, on or about April?
8, 1910, from the State of Missouri into the State of Oklahoma, of a?
quantity of tomato ketchup which was adulterated and misbranded.?
The product was labeled: " E. & S. High Grade Red Star Tomato?
Ketchup Kansas City Conserve Co., Kansas City, Mo., Guaran??
teed * * E. & S. Red Star Ketchup is made from whole ripe?
tomatoes and seasoned with pure spices. Contains one tenth of 1??
Benzoate Soda.    Guaranteed free from artificial coloring."
Examination of a sample of said product, made by the Bureau of?
Chemistry of the United States Department of Agriculture, showed?
it to contain: " Yeasts and spores 126 per one-sixtieth cmm., bac??
teria numerous, estimated at 190,000,000 per cc, mold filaments in?
about four-fifths of the microscopic fields; and to be a low grade?
catsup made from skins and cores." Misbranding was alleged for?
the reason that the label represented the product to be a pure tomato?
ketchup, made from choice whole ripe tomatoes, which representation?
was false and misleading, for the reason that said article was an?
inferior product, made from skins and cores, and the said label was?
therefore calculated to deceive and mislead the purchaser. Adulter??
ation was alleged for the reason that the product consisted in large?
part of a filthy, decomposed, and putrid animal or vegetable sub??
stance, as shown by the aforesaid examination.
On December 4, 1911, the defendant pleaded guilty and was fined?
$100 and costs, and on December 6, 1911, the court, upon repre??
sentation of the defendant that it had ceased doing business, reduced
the fine to $50 and costs.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D. C, February H, 1912.
31766??No. 1405?12