NOTICE OF JUDGMENT NO. 2533.
(Given pursuant to section 4 of the Food and Drugs  Act.)
U.   S.  T.   100   Cases   Tomato   Catsup.   Decree   of   condemnation   by   default.
Goods ordered destroyed.
ADULTEEATION AND MISBRANDING OF TOMATO CATSUP.
On February 7, 1912, 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 dis- 
trict a libel for the seizure and condemnation of 100 cases of tomato 
catsup remaining unsold in the original unbroken packages and in 
possession of M. J. Hinckley & Co., New Orleans, La., alleging that 
the product had been shipped on or about December 6, 1911, by the 
Huss Edler Preserve Co., Chicago, Ill., and transported from the 
State of Illinois into the State of Louisiana, and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The 
product was labeled: "Kinzie Brand Fred C. Edler Prop. Huss 
Edler Preserve Co. Chicago. Catsup contains tomatoes and parts 
thereof and 1/10 of 1% Benzoate of soda."
Adulteration of the product was alleged in the libel for the reason 
that samples thereof were analyzed and examined, and mold fila- 
ments were found in 40 per cent of the microscopic fields examined, 
and said product was found to contain 200,000,000 bacteria per cc 
and 130 yeasts and spores per one-sixtieth cubic millimeter, and said 
article consisted in part of filthy and decomposed vegetable sub- 
stances. Adulteration was alleged for the further reason that a 
product of apples was contained in the article and was substituted in 
part for tomato catsup and was mixed therewith so as to reduce, 
lower, and injuriously affect its quality and strength. Misbranding 
was alleged for the reason that the label set forth above indicated 
that the product was made of tomatoes and parts thereof and did 
not indicate that it contained any product of apples, whereas, in 
truth and in fact, it did contain a product of apples and said label 
was false and misleading as to the ingredients of the article so as 
to deceive and mislead the purchaser into believing that it was made
2864°—No. 2522—13
entirely of tomatoes, whereas, in truth and in fact, it was made in 
part of apple product.
On April 1, 1912, Fred C. Edler, doing business as the Huss Edler 
Preserve Co., filed his answer to the libel, and on January 18, 1913, 
said United ' States Attorney filed a rule to show cause why the 
answer should not be stricken from the record by reason of the 
claimant's default in filing a stipulation for costs as required by 
admiralty rules; and on February 18, 1913, an order was entered by 
the court striking the answer from the record.
On February 25, 1913, the case having come on for final hearing, 
and no claimant appearing for the property, judgment of condemna- 
tion and forfeiture was entered and it was ordered by the court that 
the product should be destroyed by the United States marshal, and 
that Fred C. Edler and the Huss Edler Preserve Co. pay all the costs.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, July 11, 1913.
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