16296. Misbranding of tomato catsup. TJ. S. v. 188 Cases, et al., of Tomato 
Catsup. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 23346. I. S. Nos. 012103, 012105. S. No- 
1482.)
On or about January 26, 1929, the United States attorney for the Middle 
District of Tennessee, 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 condemnation of 188 cases, 14-ounce size bottles, and 300 cases, 
8-ounce size bottles, of tomato catsup, remaining in the original unbroken 
packages at Nashville, Tenn., alleging that the article had been shipped by the 
Mid-West Food Packers (Inc.), Fowlerton, Ind., on or about September 25, 1928. 
and transported from the State of Indiana into the State of Tennessee, and 
charging misbranding in violation of the food and drugs act. The article was 
labeled in part: (Bottles) " Mid-West Brand Tomato Catsup * * * Highest 
Quality Made by Mid-West Food Packers, Inc., Fowlerton, Ind. This catsup 
guaranteed to be absolutely pure.   No preservative or artificial coloring."
It was alleged in the libel that the article was misbranded in that the state- 
ments on the bottle labels, " This catsup guaranteed1 to be absolutely pure " and 
" No artificial coloring," were false and misleading and deceived and misled 
the purchasers.
On or about February 27, 1929, the Phillips-Trawick Co., Nashville, Tenn., 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, judgment of condemnation and forfeiture was entered, and it 
was ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $500 conditioned in 
part that it be relabeled under the supervision of this department.
AKTHUB M. HYDK, Secretary of Affriculture.