6796. Adulteration and misbranding of tomato catsup. V. S. * * * v.?
32 Cases * * * of Tomato Catsup. Default decree of condemna??
tion, forfeiture, and desti-uction. (F. & D. No. 9274. I. S. No. 714G-p.?
S. No.  E-1096.)
On August 26, 1918, the United States attorney for the Northern District of?
Georgia, 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 32 cases, each containing 6 cans of tomato catsup, re??
maining unsold in the original unbroken packages at Atlanta, Ga., alleging that?
the article had been shipped on or about April 24, 1918, and transported from?
the State of Alabama into the State of Georgia, and charging adulteration and?
misbranding in violation of the Food and Drugs Act, as amended. The article?
was labeled in part, " Frazier's Tomato Catsup. Prepared by the Frazier Pack??
ing Co., Elwood, Indiana."
Adulteration of the article was alleged in the libel for the reason that it?
consisted in part of a filthy, decomposed, and putrid vegetable substance.
Misbranding was alleged for the reason that the statement borne on the?
packages, to wit, " Six lbs. 10 oz.,'' was false and misleading, so as to deceive?
and mislead the purchaser thereof, and create in his mind the belief that the?
packages contained six pounds and ten ounces of the product, whereas, in?
truth and in fact, they did not, but contained a materially less quantity.?
Misbranding was alleged for the further reason that the article was food in?
package form, and the quantity of the contents was not plainly and conspicu??
ously marked on the outside of the package in terms of weight, measure, or?
numerical count-
N. J. 6751-6800]      SEEVICE AND EEGULATOEY ANNOUNCEMENTS.	299
On October 21, 1918,. 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.
J. B. RIGGS, Acting Secretary of Agriculture.