3144.  Adulteration of tomato pulp.     U.  S. v.  1,000 Cases of Tomato  Pulp.?
Consent    decree    of    condemnation,    forfeiture,    and    destruction.
(F. & D. No. 5279.    S. No. 1868.)
On July 18, 1913, the United States Attorney for the Southern District of?
Ohio, 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 condem??
nation of 1,000 cases, each containing 48 cans of tomato pulp, remaining unsold?
in the original unbrok'en packages and in possession of the Kroger Grocery &?
Baking Co., Cincinnati, Ohio, alleging that the product had been transported in?
interstate commerce from the State of Indiana into the State of Ohio, and?
charging adulteration in violation of the Food and Drugs Act. The product?
was labeled, " Scott Go. Brand Whole Tomato Pulp. Packed by Austin Canning?
Co. Austin, Ind. * * * This Tomato Pulp is especially made for home use?
as a condiment with Macaroni or Tomato Soup and as a sauce for Roasts and?
Stews."
Adulteration of the product was alleged in the libel for the reason that it?
contained and consisted of a filthy, decomposed, and putrid vegetable substance.
354	
BUREAU OF  CHEMISTRY.	
[May, 1914.
On November 15, 1913, the Austin Canning Co., Austin, Ind., claimant, having?
filed its answer, admitting the facts set forth in the libel, and having con??
sented to a decree, judgment of condemnation and forfeiture was entered, and?
it was ordered by the court that the product should be destroyed by the United?
States marshal, and that said claimant pay all the costs of the proceeding.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 6, 1914.