NOTICE OF JUDGMENT NO. 2608.
(Given pursuant to section  4 of the  Food  and  Drugs  Act.)
V. S. v. Ten Barrels Tomato Catsup.     Decree of condemnation by consent.
Product  released  on  bond.
MISBRANDING  OF   TOMATO   CATSUP.
On November 22, 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 10 barrels of tomato 
catsup remaining unsold in the original unbroken packages and in 
possession of Blaise Ueberschlag, New Orleans, La., alleging that the 
product had been shipped on or about October 19 and October 26, 
1912, by the Price & Lucas Cider & Vinegar Co., Louisville, Ky., and 
transported from the State of Kentucky into the State of Louisiana, 
and charging misbranding in violation of the Food and Drugs Act. 
The product was labeled: "Kentucky Belle Tomato Catsup, (picture 
of large red ripe tomato) Contains 1/10 of 1% Benzoate of Soda 
Price and Lucas Cider and Vinegar Co., Inc., Louisville, Ky. Guar- 
anteed Serial No. 3390." There were also pencil figures on barrels 
indicating the number of gallons, as follows: 54, 40, 41, 54, 54, 54, 54, 
41, 54, 54.
Misbranding of the product was alleged in 1 e libel for the reason 
that it was in package form, that is, in barre , and the contents of 
said barrels were stated in-terms of measure on the outside thereof, 
but were not correctly stated, in that the contents as stated by the label 
and numerals on each barrel were as set forth above, while in truth 
and in fact said barrels, when gauged, were found to contain, in the 
same order in which their branded contents appear above, respectively, 
the following number of gallons: 50, 35, 38, 46, 52, 49, 49, 36, 51, 51; 
and said shortage in contents existed at the time of interstate ship- 
ment.
On March 5, 1913, the said Price & Lucas Cider & Vinegar Co., 
claimant, having admitted the allegations in the libel and consented
11998°—No. 2608—13
thereto, a decree of condemnation and forfeiture was entered, and it 
was ordered by the court that the product should be released to said 
claimant upon the payment of the costs of the proceedings and the 
execution of bond in the sum of $200 in conformity with section 10 
of the Act.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 19,1913.
2608
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