15876. Misbranding of tomato catsup.    V. S. v. 60 Cases, et al, of Tomsito
Catsup. Consent decrees of condemnation and forfeiture. Prod- 
uct released under bond. (P. & D. Nos. 22131, 22328, 22342. I. S. Nos. 
21505-x, 21506-x, 21221-x, 21223-x, 21483-x.    S. Nos. 178, 375, 395.)
On November 2, December 27, and December 31, 1927, respectively, the 
United States attorney for the District of New Jersey, acting upon reports by 
the Secretary of Agriculture, filed in the District Court of the United States 
for said district libels praying seizure and condemnation of 935 cases and 594 
cartons of tomato catsup, remaining unsold in various lots at Jersey City, 
Newark, and Elizabeth, N. J., respectively, alleging that the article had been 
shipped by Greenabaum Bros., Inc., Seaford, Del., in various shipments on or 
about September 3, September 17, and October 24, 1927, respectively, and had 
been transported from the State of Delaware into the State of New Jersey, 
and charging misbranding in violation of the food B.nd drugs act. The article 
was labeled, variously, in part: (Main label) "Marigold Pure Tomato Catsup," 
"Uco Brand The Better Grade Catsup," "Tomato Catsup;" (on neck 
label of each) "Made from carefully selected whole tomatoes, salt, sugar, 
spices, onions, and vinegar. Guaranteed pure and to comply with alPU. S. 
Food Laws.   Contains no artificial color or preservatives."
It was alleged in substance in the libels that the article was misbranded 
in that the statements, to Wit, " Guaranteed pure and to comply with all U. S.
Food Daws. Contains no artificial color or preservatives. Made from care- 
fully selected whole tomatoes, salt, sugar, spices, onions, and vinegar," with 
respect to all of the product, and the further statements, " Pure Tomato Catsup " 
and " Catsup," with respect to the different products, were false and mislead- 
ing and deceived and misled purchasers.
On February 21, 1928, Greenabaum Bros., Inc., Seaford, Del., claimant, having 
admitted the allegations of the libel and having consented to the entry of 
a decree, judgments of condemnation and forfeiture were entered, and it 
was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of bonds 
totaling $3,500, conditioned in part that it be relabeled to comply with the 
Federal food and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.