4737. Adulteration and misbranding of toniato pulp. U. S. * * * v. lOO?
Cases of Toniato Pulp. Default decree of condemnation, forfeiture,?
and destruction.     (F. & D. No. 7209.    I. S. No. 3534-1.    S. No. E-535.)
On February 4, 1916, 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 100 cases, each containing four dozen cans, of tomato pulp,?
remaining unsold in the original unbroken packages at New York, N. Y.,?
alleging: that the article had been shipped by the Booth Packing Co., Balti??
more, Md., and transported from the State of Maryland into the State of?
New York, the shipment having been received on or about December 28, 1915,?
and" charging adulteration and misbranding in violation of the Food and Drugs?
Act. The cases were labeled: "4 Doz. cans 10 oz. each. Size No. 1 Diamond?
Brand Tomato Pulp for Soup. Distributors D D Mallory and Co. Baltimore?
Md.    Depew   New York N. Y."
Adulteration of the article was alleged in the libel for the reason that it?
consisted in particular [part] of a filthy, decomposed, or putrid vegetable?
substance, to wit, moldy, decomposed tomatoes.
Misbranding was alleged for the reason that the article was in package form?
and the true quantity of the contents was not plainly and conspicuously marked?
on the outside of the packages in terms of weight, measure, or numerical count.
On February 23,
' 1916, 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.
CABL VBOOMAN, Acting Secretary of Agriculture.
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BUREAU   OF CHEMISTRY.	
[Supplement 25.