4005. Adulteration of tomato pulp. V. S. * * * v. 25 Cases of Tomato Pulp. Default?
decreed condemnation, forfeiture, and destruction. (F. & T>. No. 64S6. I. 8.No. 3619-k.?
S. No. E-249.)
On April 22,1915, 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 25cases,?
each containing 4 dozen cans of tomato pulp, remaining unsold in the original unbroken?
packages at New York, N. Y., alleging that the product had been shipped on or about?
April 15, 1915, and transported from the State of Maryland into the State of New?
York, and charging adulteration in violation of the Food and Drugs Act. The product?
was labeled: "Fox Creek Brand Tomato Pulp, Made from Pieces and Trimmings of?
Tomatoes, Packed by J. Fiank Hearn, Wingate, Md., Guaranteed by J. Frank Hearn?
under the Food & Drugs Act, June 30, 1906. Serial No. 9602. Weight contents 10?
oz., Fox Creek Brand, Packed by J. Frank Hearn, Wingate, Md. (picture of fox?
jumping across a stream)."
It was alleged in the libel that the tomato pulp was adulterated contrary to the?
provisions of the Food and Drugs Act, in that the said article of food consisted in part?
of a partially decomposed vegetable product, to wit, decayed tomato, contrary to the?
provisions of section 7, subdivision 6, under "Food," of the said Food and Drugs Act.
On May 14, 1915, 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.
C. F. MARVIN, Acting Secretary of Agriculture.
WASHINGTON, D. C, July 19, 1915.
BUREAU  OF  CHEMISTRY.	
[Supplement It