10954. Adulteration and misbranding of tomato catsup. XT. S. v. 998 Cases?
of Tomato Catsup. Defanlt decree of condemnation, forfeiture,?
and destruction.     (F. & D. No. 14576.    I. S. No. 5729-t.    S. No. C-2828.)
On or about March 4, 1921, the United States attorney for the Western Dis??
trict 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 998 cases of tomato catsup, remaining unsold in?
the original unbroken packages at Buffalo, N. Y., consigned by H. N. Weller &?
Co., Richmond, Mich., alleging that the article had been shipped from Rich??
mond, Mich., on or about December 17, 1920, and transported from the State?
of Michigan into the State of New York, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The article was labeled in?
part: (Bottle) "Tomato Catsup Made From Best Selected Stock."
Adulteration of the article was alleged in the libel for the reason that it?
consisted wholly or in part of a filthy, decomposed, and putrid animal or?
vegetable substance.?x
Misbranding was alleged in substance for the reason that the statement on?
the label, to wit, " Made From Best Selected Stock," together with a design?
of a whole ripe tomato, was false and misleading.
On June 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.
C. W. PTTGSLEY, Acting Secretary of Agriculture.
528	
BUREAU  OF  CHEMISTRY.	
[Supplement 150,