15733. Misbranding of tomato catsup. U. S. v. 74 Cases, et al, of Tomato 
Catsup. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. Nos. 22329, 22330, 22331. I. S. Nos. 
16322-x, 16323-x, 16324-x.    S. No. 377.)
On December 27, 1927, the United States attorney for the District of Mary- 
land, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district libels praying seizure and condem- 
nation of 145^ cases of tomato catsup, remaining in the original unbroken 
packages at Baltimore, Md., alleging that the article had been shipped by 
Greenabaum Bros., Inc., from Seaford, Del., September 27, 1927, and trans- 
ported from the State of Delaware into the State of Maryland, and charging 
misbranding in violation of the food and drugs act. The article consisted of 
various lots, labeled in part, respectively: "Maple Leaf Tomato Catsup * * !V;" 
" Pielex   Fancy  Tomato  Catsup   *    *    *;"   " Evanhook  Brand   Tomato   Cat-
f        sup
*  
It was alleged 'in the libel that the article was misbranded in that the package
| or label bore a statement, design or device regarding the said article or the in-
l gredients or substances contained therein, which was false and misleading and
I deceived and misled the purchaser, as follows: "Tomato Catsup Guaranteed
| Pure and to comply with all U. S. food laws Contains no artificial color or
| preservatives Made from carefully selected whole tomatoes, salt, sugar, spices,
I onions, and vinegar."
1 On February 4 1928, Greenabaum Bros., Seaford, Del., having appeared as
I claimant for the property, and the cases having been consolidated into one
| cause of action, judgment of condemnation and forfeiture was entered, and it
I was ordered by the court that the product be released to the said claimant upon
i payment of the costs of the proceedings and the execution of a bond in the sum 
| of $500, conditioned that the product purporting to be tomato catsup without
I color added should not be sold or disposed of contrary to law, and that it be
| returned to the factory for reconditioning and relabeling.
I 
R. W. DTJNLAP, Acting Secretary of Agriculture.