16670. Misbranding of tomato catsup. V. S. v. 399 Cases, et al., of Tomato 
Catsup. Consent decree of condemnation and forfeiture. Prod- 
net released under bond. (F. & D. No. 23351. I. S. Nos. 02615, 02616. 
S. No.  1497.)
On January 28, 19i'9, the United States attorney for the Western District 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 praying seizure and 
condemnation of 998 cases of tomato catsup, remaiuing in the original unbroken 
packages at Pittsford, N. Y., alleging that the article had been shipped by the. 
Mid-West Food Packers, Fowlerton, Ind., September 5, 1928, and transported 
from the State of Indiana into the  State of New York,  and charging mis-^ 
branding in violation of the food and drugs act.    The article was labeled in 
part:   (Bottles)   "Forman Catsup, Contents 8 Ounces   (or "4  (14)  Ounces") 
This Catsup Guaranteed To Be Absolutely Pure.    No Preservative or Artific"al 
Coloring.    Put up by L. C. Forman & Son, Pittsford, N. Y."
It was alleged in the libel that the article was misbranded in tbat the state-, 
ments   " This  catsup   guaranteed  to   he   absolutely   pure"   and   " No    *    *    * 
Artificial  Coloring " were false and misleading and deceived and  misled the 
purchaser.
On April 15, 1929, L. C. Forman & Sons (Inc), Pittsford, N. Y., having 
appeared as claimant for the property and having consented to the entry of a 
decree, 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 $1,500, conditioned 
in part that it should not be sold or otherwise disposed ?f contrary to law. 
Authority was granted the claimant to relabel the product at Pittsford, N. Y., 
under the supervision of this department.
AKTHUK M. HYDE, Secretary of Agriculture.