16152. Misbranding of tomato catsup.     TJ. S. v. 950 Cases of Tomato Catsup.
Product released under bond by consent. (F. & D. No. 23152. I. S. 
No. 01262.    S. No. 1253.)
On October 17, 1928, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 950. cases of tomato catsup, remaining in the original unbroken 
packages at St. Paul, Minn., alleging that the article had been shipped by 
the Mid-West Food Packers (Inc.), from Fowlerton, Ind., September 3, 1928, 
and transported from the State of Indiana into the State of Minnesota,-and 
charging misbranding in violation of the food and drugs act. The article was 
labeled in part: (Bottle) " Mid-West Brand Tomato Catsup * * * Highest 
Quality * * * Guaranteed to be absolutely pure. No preservative or arti- 
ficial coloring.   Made by Mid-West Food Packers Inc., Fowlerton, Ind."
Misbranding of the article was alleged in the libel for the reason that the 
statements " No artificial coloring" and " Guaranteed to be absolutely pure," 
borne on the labels, were false and misleading and deceived and misled the pur- 
chaser in that an analysis of the product showed it to be colored with ponceau 
three R.
On November 12, 1928, the Mid-West Food Packers (Inc.), Fowlerton, Ind., 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, judgment was entered that the prayer of the libel be allowed 
and that the product be released to the said claimant upon payment of costs and 
the execution .of a good and sufficient bond, conditioned in part that it should 
not be sold or otherwise disposed of contrary to law.
R. W. DUNLAP, Acting Secretary of Agriculture.