3083. Adulteration of tomato catsup.   U. S. v. 850 Cases of Tomato Catsup.   Product?
released on bond.   (F. & D. No. 5185.   S. No. 1789.)
On April 28, 1913, the United States attorney for the Northern District of Iowa,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district a libel for the seizure and condemnation of 850 cases of?
tomato catsup remaining unsold in the original unbroken packages and in possession of?
the G. Shenkberg Co., Sioux City, Iowa, alleging that the product had been shipped?
from the State of Kansas into the State of Iowa, and charging adulteration in violation?
of the Food and Drugs Act. The product was labeled: (On cases) "Silver Leaf Brand?
Tomato Catsup Manufactured by Otto Kuehne Preserving Co., Topeka, Kans.;" (on?
jars and bottles) "Trade Mark Registered, Silver Maple L.eaf design, Silver Leaf Brand?
Tomato Catsup, contains 1/10 of 1 per cent benzoate of soda. Prepared by Otto?
Kuehne Preserving Co., Topeka, Kans."
Adulteration of the product was alleged in the libel for the reason that the cases,?
jars, and bottles each contained a product that consisted wholly or in part of a filthy,?
decomposed, and putrid vegetable substance which was deleterious to health and?
wholly unfit for human food.
On June 7, 1913, the Otto Kuehne Co., claimant, Topeka, Kans., having petitioned?
the court to release and have delivered to them the product, it was ordered by the?
court that the product should be delivered to said company upon payment of the costs?
of the proceedings and the execution of bond in conformity with section 10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, April 14, 1914.