3205.?Adulteration   of  tomato   palp.   TJ.  'S.   v.   100   Cases   of   Tomato   Pulp.
Default    decree    of    condemnation,    forfeiture,    and    destruction.
(P. & D. No. 5375.    S. No. 1980.)
On October 27, 1913, the United States Attorney for the Southern District?
of Georgia, 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 100 cases, each containing 4 dozen cans of tomato pulp, remain??
ing unsold in the original unbroken packages and in possession of W. B. Myers,?
Savannah, Ga., alleging that the product had been shipped on or about October?
8, 1913, by D. B. Foote & Co., Baltimore, Md., and transported from the State?
of Maryland into the State of Georgia, and charging adulteration in violation?
of the Food and Drugs Act. The product was labeled: (On cases) " W. B.?
Myers, Savannah, Ga.?Family Brand Tomato Pulp Packed by D. E. Foote &?
Co. Baltimore, Md." (On cans) "Family Brand?Contents 10 oz. or over.?
Tomato pulp made from small tomatoes and trimmings. Packed by D. E.?
Foote & Co. Inc. Baltimore, Md."
Adulteration of the product was alleged in the libel for the reason that it?
consisted in whole or in part of filthy, decomposed, or putrid vegetable sub??
stance.
On December 10, 1913, no claimant having appeared for the property, judg??
ment of condemnation 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, May 26, 191Jh