3282.?Adulteration and misbranding- of tomato catsup.     U. S. v. The Schorn-
dorfer & Eberhard Co.     Plea of nolo contendere.     Fine, $20.     (F. &
D. No. 2710.    I. S. No. 3777-c.)
On October 4, 1911, the United States attorney for the Northern District?
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district an information against The?
Schorndorfer & Eberhard Co., a corporation, Cleveland, Ohio, alleging ship??
ment by said company, in violation of the Food and Drugs Act, on or about?
November 3, 1930, from the State of Ohio into the State of Pennsylvania, of?
a quantity of tomato catsup, which was adulterated and misbranded. The?
product was labeled: " Famous Brand Tomato Catsup 1/10 of 1? Benzoate of?
Soda.    Prepared by The Schorndorfer & Eberhard Co.    Cleveland, O."
Analysis of a sample of the product by the Bureau of Chemistry of this de??
partment showed yeasts and spores, 185 per 1/60 cm; bacteria, 100,000,000?
per cc; mold filaments in 60 per cent of the fields; sodium benzoate, 0.18 per?
cent; no evidence of active spoilage when opened; it contained 2 molds in 1 cc?
of the catsup when developed on wort or dextrose agar. Adulteration of the?
product was alleged in the information for the reason that it consisted in part?
of a filthy, putrid, and decomposed substance. Misbranding was alleged for?
the reason that the label upon the article as above set forth was false and mis??
leading and calculated to deceive the purchaser, in that said label stated that?
the article contained one-tenth of one per cent benzoate of soda, when in fact it?
contained more than one-tenth of one per cent benzoate of soda.
On February 6, 1914, the defendant company entered a plea of nolo con??
tendere to the information, and the court imposed a fine of $20.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, June 8, 1914'