3552. Adulteration and misbranding of tomato conserve.   V. S. v. 35 Cases of Tomato Con??
serve-   Default decree of condemnation, forfeiture, and destruction.   (F. & D.   No.
5550.   I. S. No. 7815-h.   S. No. 2088.)
On January 22, 1914, the United States attorney for the Western District of Penn??
sylvania, 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 25 cases, each containing 100 cans of tomato conserve, remaining unsold in the?
original unbroken packages at Pittsburgh, Pa., alleging that the product had been?
shipped on or about October 27, 1913, and transported from the State of New York?
into the State of Pennsylvania, and charging adulteration and misbranding in violation?
of the Food and Drugs Act. The cans containing the product were labeled, in part:?
"Oonserva Di Tomate?Packed by our special process?Rossa?Guaranteed by?
American Conserve Co. under the Food and Drugs Act June 30, 1906, Serial No.?
9270?Containing 1/10 of 1? Benzoate of soda and 15? of salt?Trade mark?Marca?
Registrata?This can contains 15 oz net weight. Tomato Conserve?American?
Conserve Co. New York Directions: For one pound of macaroni use one teaspoon-?
ful dissolved in water. Add the same quantity for each pound of macaroni. The?
same is used for roast meats, stews, etc. etc. It flavors the meat and gives a nice?
coloring, I. G."
Adulteration of the product was alleged in the libel for the reason that it was com??
posed, in whole or in part, of a filthy, decomposed, or putrid substance and unfit for?
food. Misbranding was alleged for the reason that the product was labeled and?
branded so as to deceive and mislead the purchaser, that is to say, it was labeled and?
branded, "This can contains 15 oz net weight," when, in fact, the cans did not contain?
this amount.
On June 15, 1914, no claimant having appeared for the property, 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.
CARL VROOMAN, Acting Secretary of Agriculture.
WASHINGTON, D. C, January IS, 1915.
64	
BUREAU   OF   CHEMISTRY.	
[Supplement 2.