0232. Adulteration of   tomato   puree.     U.    S.     *     *     *     v.   6,072   Cans    and
1,349 Cases of Tomato Puree * * *. Default decree of condem- 
nation, forfeiture, and destruction. (F. & D. No. 14024. I. S. Nos. 
4055M:,  4056-t.    S.  Nos.  C-2610, C-2611.)
On December 14, 1920, the United States attorney for the Western District of 
Michigan, 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 6,972 cans and 1,349 cases, more or less, of tomato puree, 
remaining unsold and in the original unbroken packages at Fremont, Mich., 
alleging that the 6.972 cans of the article had been shipped by Jaqua & Co., 
Winchester, Ind., on or about December 9, 1918, and that the 1,349 cases of 
said article had been shipped by J. M. Paver & Co., of Chicago, Ill., invoiced 
by said Jaqua & Co., on or about December 20, 1918, and that the two shipments 
had been transported from the States of Indiana and Illinois, respectively, into 
the State of Michigan, and charging adulteration in violation of the Food and 
Drugs Act. A portion of the article was labeled in part, " Witch Brand Tomato 
Puree * * * Contents 6 lbs. 7 oz." The remainder of the article was 
unlabeled.
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole or in part of a decomposed, filthy, and putrid vegetable sub- 
stance, namely, decomposed tomatoes and tomato pulp and parts thereof.
On March 7, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.