3240.?Adulteration and misbranding: of catsup.     U. S. v. lO Barrels of Cat?
sup.     Default decree of condemnation, forfeiture, and destruction.
(F. & D. No. 5493.    S. No. 2000.)
On December 19, 1913, the United States Attorney for the Eastern District?
of Louisiana, 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 10 barrels, more or less, of catsup, remaining unsold by the?
consignee in the original unbroken packages at New Orleans, La., alleging that?
the product had been shipped on or about September 15, 1913, by the American?
Pickle & Canning Co., Wiggins, Miss., and transported from the State of?
Mississippi into the State of Louisiana, and charging adulteration and mis??
branding in violation of the Food and Drugs Act.   The product bore no label.
It was alleged in the libel that an examination of the contents of the barrels?
by the Bureau of Chemistry of the Department of Agriculture showed the?
presence of mold filaments with yeasts and spores and an excessive number of?
bacteria, and that the same was partly decomposed and consisted of a decom??
posed vegetable substance, and that the same was adulterated within the?
meaning and intent of the act of Congress of June 30, 1906, known as the Food?
and Drugs Act. It was further alleged in the libel that the aforesaid examina??
tion of the contents of the barrels of catsup showed the presence therein of?
benzoate of soda, although that fact was not declared by labels or otherwise?
upon the barrels containing the catsup, and that this was in violation of the?
food inspection decisions, which only permit the use of benzoate of soda pro??
vided the containers of same are properly labeled to that effect, and that there??
fore said 10 barrels of catsup were also misbranded within the meaning and?
intent of section 8, paragraph 2, of said Food and Drugs Act.
On February 7, 1914, 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, June 8, 1914.
414	
BUREAU  OF  CHEMISTRY.	[MAY, 1914, Supplement.