9943. Adulteration of   concentrated   tomato   and   adulteration   and   mis¬
branding of tomato conserve and tomato purge. U. S. * * * v. 
50 Cases of Tomato Conserve, 13 Cases of Tomato Purge, and 50 
Cases of Concentrated Tomato. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 14497. I. S. Nos. 5939-t, 
5940-t, 5941-t.    S. No. E-3145.)
On February 26, 1921, the United States attorney for the Western District of 
Pennsylvania, 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 con- 
demnation of 50 cases of tomato conserve, 13 cases of tomato puree, and 50 cases 
of concentrated tomato, at Pittsburgh, Pa., alleging that the articles had been 
shipped by Thomas Page, Albion, N. Y., on or about January 15, 1921, and trans- 
ported from the State of New York into the State of Pennsylvania, and charg- 
ing Adulteration of the concentrated tomato and adulteration and misbranding 
of the tomato conserve and tomato puree, in violation of the Food and Drugs Act, 
as amended. The articles were labeled in part, respectively: (Cans) "Tripoli 
Brand Tomato Conserve *. * * Packed By Thomas Page Albion, N. Y. 
* * * Contents 12 Oz. * * * " ; " Royal Kitchen Tomato Puree Contents 2 
Pounds Packed By Thomas Page * * * "; " Mt. Etna Brand Concentrated 
Tomato    *    *    *    Packed By Thomas Page    *    *    *"
Adulteration of the articles was alleged in the libel for the reason that they 
consisted in whole or in part of a filthy, decomposed, or putrid vegetable 
substance.
Misbranding of the Tripoli Brand tomato conserve and the Royal Kitchen 
tomato purge was alleged for the reason that they were food in package form, 
and the quantity of the contents was not plainly and.conspicuously marked on 
the outside of the packages.
On June 28, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.