F. & D. Nos. 1811, 1888, and 1937.
I. S. Nos. 16414-b, 3308-c, and 18248-b.	
Issued May 18, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1427.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF CATSUP; ADULTERATION OF?
TOMATO CATSUP; ADULTERATION OF CATSUP.
On November 29, 1911, the United States Attorney for the Dis??
trict of New Jersey, acting upon a report from the Secretary of?
Agriculture, filed an information in four counts in the District Court?
of the United States for said district against Henry B. Corey and?
The Farmer's Loan & Trust Co., doing business under the firm name?
of Alart & McGuire, of New York City, conducting and carrying on?
business at Williamstown, in the State of New Jersey, alleging viola??
tions of the Food and Drugs Act on the dates and in the manner?
following:
On ^February 2, 1910, shipment from the State of New Jersey into?
the State of Pennsylvania of a quantity of catsup which was adulter??
ated and misbranded. The product was labeled: " Hottentot Catsup.?
This condiment is prepared from selected ripe tomatoes, flavored?
with distilled vinegar, sugar and choice spices, and contains .001?
benzoate of soda. No artificial coloring used. Serial No. 1281. Pre-?
pared by Alart & McGuire, New York.. Specially prepared to suit?
the demands for a highly spiced and seasoned condiment; only the?
purest of ingredients used in this mixture. Absolutely guaranteed."?
An analysis of a sample of said product, made by the Bureau of?
Chemistry of the United States Department of Agriculture, showed?
the following results: Yeasts and spores 70 per one-sixtieth cmm;?
bacteria 200,000,000 per cc; molds in about two-thirds of the micro??
scopic fields. Adulteration was alleged in the second count of the?
information against this product because it consisted in part of a?
filthy, decomposed, or putrid animal or vegetable substance, to wit,?
tomatoes containing yeast, spores, bacteria, and molds. Misbranding?
was alleged in the first count of the information against said product?
because the label thereon conveyed the impression that said product?
was made only of the purest ingredients and that it was prepared?
from selected ripe tomatoes, to wit, clean, choice, fresh, sound, ripe?
tomatoes, selected with great care, whereas in fact the said product
83664??No. 1427?12
contained a considerable amount of core tissue and debris, indicating?
that the said product was made from very inferior stock, whereas?
and by reason whereof the purchaser would be deceived into believing?
that the said product was a pure catsup of high quality, commonly?
being known to the trade and the public in general as the clean, sound?
product made from properly prepared clean, sound, fresh, ripe?
tomatoes, with spices and with or without permitted preservatives.
On or about July 20, 1910, shipment from the State of New Jersey?
into the State of Pennsylvania of a quantity of tomato catsup which?
was adulterated. The product was labeled: "Extra Spiced Home?
Made Catsup. Trade O K Mark. This condiment is prepared from?
selected ripe tomatoes flavored with distilled vinegar, sugar and?
choice spices. Prepared with .001 Benzoate of Soda. No artificial?
coloring used. Alart & McGuire, New York." Analysis of a sample?
of said product, made by the Bureau of Chemistry of the United?
States Department of Agriculture, showed the following results:?
Yeasts and spores 105 per one-sixtieth cmm; bacteria numerous, esti??
mated at 190,000,000 per cc; mold filaments in nearly every micro??
scopic field; sand rather abundant and pieces of decayed tissue.?
Adulteration was alleged in the third count of the information?
against said product for the reason that it consisted in part of a filthy,?
decomposed, and putrid vegetable substance, that is to say, tomatoes?
containing yeasts, spores, bacteria, molds, and decayed tissue.
On or about June 1, 1910, shipment from the State of New Jersey?
into the State of New York of a quantity of catsup which was adul-?
tered. The product was labeled: " Extra Spiced O. K. Catsup. 50.?
Alart & McGuire, N. Y. 1/10 of 1? Benzoate of Soda used as?
preservative. W. 5. T. D. Harvey's Sons, Phila., Pa." Analysis of?
a sample of said product, made by the Bureau of Chemistry of the?
United States Department of Agriculture, showed the following re??
sults : Yeasts and spores 106 per one-sixtieth cmm; bacteria 140,000,000?
per cc; molds in nearly every microscopic field. Adulteration was?
alleged in the fourth count of the information against this product?
for the reason that it consisted in part of a filthy, decomposed, and?
putrid vegetable substance, that is to say, tomatoes containing yeasts,?
spores, bacteria, and molds.
On January 8, 1912, the defendants pleaded non vult and were?
fined $100 on the first count of the information, and sentence was?
suspended as to the other counts.
JAMBS WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, February 29, 1912.
1427