F.  & D.  No.  3190.
s; No. 1170.	
Issued October 24, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1716.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION OF TOMATO CATSUP.
On November 9, 1911, 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?
district a libel for the seizure and condemnation of 173 crates, each?
containing six 1-gallon jugs of tomato catsup, remaining unsold in?
the original unbroken packages, in possession of the Louis Maull?
Cheese & Fish Co., a corporation, St. Louis, Mo., alleging that the?
product had been transported on or about October 28, 1911, from?
the State of Illinois into the State of Missouri, and charging adul??
teration in violation of the Food and Drugs Act. The product was?
labeled: " Superior Brand Tomato Catsup. Put up for Louis Maull?
C. and F. Co., St. Louis. Prepared with 3/10 of 1? benzoate of?
soda. Prepared from whole ripe tomatoes, pure spices, and dis??
tilled vinegar. Contains 1/500 part benzoate of soda to prevent?
fermentation."
Adulteration was alleged in the libel for the reason that the prod??
uct contained a large amount of bacteria, yeasts, spores, and mold?
filaments, and consisted in a large part and to an injurious extent of?
.filthy and decomposed vegetable substance. Adulteration was alleged?
for the further reason that a substance, to wit, a filthy and decom??
posed vegetable substance, had been mixed and packed with the prod??
uct so as to reduce, lower, and injuriously affect its quality, and that?
said product is of a deleterious character within the meaning of the?
said Act.
On January 8, 1912, the court, having found that the product?
had been shipped in interstate commerce by the Triumph Catsup &?
Pickle Co., Collinsville, 111., a judgment of condemnation and for??
feiture was entered and the court found that the product was adul??
terated and misbranded, although the libel alleged adulteration only.?
It was further ordered that the product should be destroyed by the?
United States marshal.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, August 6,1912.
56385??No. 1716?12