3148.?Adulteration   of   tomato   pulp.   TJ.   S.   v.   275   Cases   of   Tomato   Pulp.
Consent  decree  of condemnation  and forfeiture.   Product  ordered?
destroyed.     (F. & D. Nos. 5287, 5289.    S. No. 1877.)
On July 30, 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 con??
demnation of 275 cases, each containing 48 cans of tomato pulp, 175 of which?
cases remained unsold in the original unbroken packages and in possession of?
A. Janszen & Co., and 100 of said cases in the possession of the 'Colter Co., both?
of Cincinnati, Ohio, alleging that the product had been shipped by the Austiu?
Canning Co., Vienna, Ind., and transported from the State of Indiana into the?
State of Ohio, and consigned to D. McKim-Cooke Co., Cincinnati, Ohio,, and?
charging adulteration in violation of the Food and Drugs Act. The product?
Was labeled on cases and cans: " Scott Co. Brand Whole Tomato Pulp Packed?
by Austin, Canning Co. Austin, Ind. Guaranteed by Austin Canning Company?
under the Food and Drugs Act, June 30, 1906. 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 and decomposed vegetable substance.
On November 15, 1913, the said Austin Canning Co., claimant, having filed its?
answer admitting the facts^set forth in the libel, and consenting to a decree,
356	
BUKEAU  OF  CHEMISTRY.	
[May, 1914.
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 the costs of the proceedings should be paid by said claimant.
B. T. GALLOWAY, Acting Secretary of Agriculture.?
WASHINGTON, D. C, May 6, 19Uf.