NOTICE OF JUDGMENT NO. 2508,
(Given pursuant to section 4 of the Food and Drugs Act.)
U. S. v. 325 Cases of Tomato Pulp.   Decree of condemnation by default.   Product ordered
destroyed.
ADULTERATION OF TOMATO PULP.
On November 17, 1911, the United States Attorney for the Eastern 
District of Louisiana, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said 
district a libel, and on August 15, 1912, an amended libel, for the 
seizure and condemnation of 325 cases, each containing 4 dozen cans 
of tomato pulp, remaining unsold in the original unbroken packages 
and in possession of the Smith Bros. Co. (Ltd.), New Orleans, La., 
alleging that the product had been shipped on or about September 
26, 1911, by S. J. Seneca, Havre de Grace, Md., and transported from 
the State of Maryland into the State of Louisiana, and charging 
adulteration in violation of the Food and Drugs Act. The product 
was labeled: (On cases) "4 Dozen No. 1—Red Cross Brand Tomato 
Pulp—Trade Mark—Patent 1876—S. J. Seneca, Havre de Grace, 
Maryland." (On cans) "Red Cross Brand (Picture of Tomato)—for 
soup—S. J. Seneca, Havre de Grace, Maryland—Tomato Pulp for 
soups, sauces, gravies, etc. Made from Tomatoes, Tomato Trim- 
mings, and pieces of tomatoes, warranted Tomato Pulp (Red Cross) 
Trade Mark, Patented 1876—Red Cross Brand."
Adulteration of the product was alleged in the amended libel for 
the reason that it contained a very large and excessive and abnormal 
number of organisms, bacteria, yeasts, spores, and mold filaments, 
which organisms and bacteria were dead, and said product contained 
pieces of decayed tomato tissue and products of decomposition of 
tomato pulp, and consisted of filthy, decomposed, and putrid vege- 
table substances.
On January 10, 1913, a default judgment of condemnation and 
forfeiture was entered, the court finding that the product consisted
98119°—No. 2508—13
of filthy, decomposed, and putrid vegetable substances. It was 
ordered that said product should be destroyed by the United States 
marshal.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, June 12, 1913.
2508
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