F. & D. No. 3294.
S. No. 1210.	
Issued October 24, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1724.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF SO-CALLED COMPOUND CATSUP.
On December 12,1911, the United States Attorney for the District?
of Columbia, acting upon a report by the Secretary of Agriculture,?
filed in the Supreme Court of said District, holding a district court,?
a libel, and on January 5, 1912, an amended libel, for the seizure and?
condemnation of 4 barrels of compound catsup, being a mixture con??
taining among other things tomatoes, apples, and cereals, remaining?
unsold in the original unbroken packages and in possession of the?
Browning & Middleton Co. (Inc.), Washington, D. C, alleging that?
the product had been shipped on November 20, 1911, by the Arthur?
Leslie Sauce Co., Norfolk, Va., and transported from the State of?
Virginia into the District of Columbia, and charging misbranding?
in violation of the Food and Drugs Act.
Misbranding was alleged in the libel for the reason that the product?
was, in truth and in fact, an imitation of another certain article of?
food known as and called catsup, and that the same was not labeled?
and branded in a manner so as to announce its' true nature or char??
acter. Misbranding was alleged for the further reason that the term?
catsup" is a distinctive name of an article of food made of tomatoes,?
with seasoning and spices, sugar and vinegar, and without the addi??
tion of apples and cereal products, as existing in the article of food?
aforesaid, by reason of which the product*was alleged to be an imita??
tion of and sold and offered for sale under the distinctive name of?
catsup.
On January 15, 1912, no claimant having appeared for the prop??
erty, judgment of condemnation and forfeiture was entered, and it?
was further ordered that the three barrels of the product that had?
been seized should be destroyed by the United States marshal.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C., August 8, 1912.
57362??No. 1724?12