3085.?Adulteration of tomato conserve.   U. S. v. 25 Cases of Tomato Conserve.   Default
decree of condemnation, forfeiture, and destruction.   (F. & D. No. S188.   S. No. 1792.)
On May 11, 1913, the United States attorney for the District of Utah, acting upon a?
report by the Secretary of Agriculture, filed in the District Couit of the United States?
for said district a libel for the seizure and condemnation of 25 cases of tomato conserve?
remaining unsold in the original unbroken packages and in possession of the Denver?
& Rio Grande Railway Co., Salt Lake City, Utah, alleging that the product had been?
shipped by Ignatius Gross Co., New York, N. Y., on or about April 8, 1913, and trans??
ported from the State of New York into the State of Utah, and charging adulteration?
in violation of the Food and Drugs Act. The product was labeled: (On cases) "Order?
of I. Gross Co. Notify N. K. Nassilacopoulos, Salt Lake City, Utah." (On cans)?
"Tomato Conserve?American Conserve Co. New York. I. G. Conserva Di Tomate?
Packed by our special process. Rossa Guaranteed by American Conserve Co. under?
the Food and Drugs Act, June 30, 1906. Serial No. 9270. Containing 1-10 of 1? of?
Benzoate of Soda and 15? of Salt."
Adulteration of the product was alleged in the libel for the reason that it consisted?
in part of a filthy, decomposed, and putrid vegetable substance.
On July 1, 1913, no claimant having appeared for the property, judgment of condem??
nation and forfeiture was entered, and it was ordered by the court that the product?
should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, April 14, 1914-