F. & D.  No.  3347.
S. No. 1226.	
Issued October 17, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1712.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION OF TOMATO PULP.
During the month of January, 1912, the United States Attorney?
for the Eastern District of Missouri, acting upon a report by the?
Secretary of Agriculture, filed in the District Court of the United?
States for said district a libel for the seizure and condemnation of?
500 cases, each containing 48 cans of tomato pulp, remaining unsold?
in the original unbroken packages and in possession of the Rein-?
hart Grocer Co., a corporation, St. Louis, Mo., alleging that the?
product had been shipped on or about December 13, 1911, from the?
State of Kentucky into the State of Missouri and charging adulter??
ation in violation of the Food and Drugs Act. The product was?
labeled: (On cases) "Lucky Boy stewed and strained tomatoes."?
(On cans) "Lucky Boy brand strained tomatoes for soup. Packed?
for Reinhart Grocer Co., St. Louis, Mo. Reinhart-Smith Gro. Co.,?
Marion, 111. All goods packed under this label are guaranteed to be?
of superior quality."
Adulteration was alleged in the libel for the reason that the prod??
uct was intended for use as food and contained a large, excessive, and?
deleterious amount of bacteria, yeasts, spores, and mold filaments,?
and consisted in large part and to an injurious extent of filthy and?
decomposed vegetable substances, to wit, yeasts, spores, bacteria, and?
mold filaments, and that the product was further adulterated in that?
filthy and decomposed vegetable substances, to wit, yeasts, spores,?
and mold filaments, had been mixed and packed with the product so?
as to reduce, lower, and injuriously affect its quality, and that the?
product was of a deleterious character within the meaning of the?
Act of Congress of, June 30, 1906.
On February 6, 1912, no claimant having appeared for the prod??
uct, and the court having found that it had been shipped in interstate?
commerce by the New Blue Grass Canning Co., Owensboro, Ky., judg??
ment of condemnation and forfeiture was entered and it was further?
ordered that the 382 cases of the product that had been seized should?
be destroyed by the United States marshal and that the costs of the?
proceedings should be paid by the Reinhart Grocer Co., St. Louis,
Mo.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D. C, August 5, 1912.
56385??No. 1712?12