3470.?Adulteration of tomato purge.   TX. S. v. 50 Cases of Tomato Puree.   Default decree
of condemnation, forfeiture, and destruction.   (F. & D. No. 5655.   I. S. No. 8919-h.
S. No. E-16.)
On or about March 30, 1914, the United States attorney for the Southern District?
of New York, 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 50 cases of canned tomato puree remaining unsold in the original unbroken pack??
ages at New York, N. Y., alleging that the product had been shipped on or about?
March 20, 1914, and transported from the State of Maryland into the State of New?
York, and charging adulteration^n violation of the Food and Drugs Act. The prod??
uct was labeled: "Asquith Brand Tomato Pulp made from Tomatoes and Fresh?
Tomato Trimmings with Great Care. Contents Weigh 10 Oz. Asquith Brand Packed?
by Andrews Packing Co. Crapo, Md."
Adulteration of the product was alleged in the libel for the reason that it consisted?
in part of a filthy, decomposed, and putrid vegetable substance, to wit, yeasts and?
spores, bacteria, and decayed fragments of tomato.
On April 21, 1914, no claimant having appeared for the property, judgment of con??
demnation and forfeiture was entered, and it was ordered by the court that the product?
should be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.
WASHINGTON, D. C, October 26, 1914.