16693. Misbranding of tomato catsup. V. S. v. 600 Large-Sized Cases, 
et al., o? Tomato Catsup. Decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 23635. I. S. Nos. 03436, 
03437.    S. No. 1853.)
On April 16, 1929, the United States attorney for the District of Maryland, 
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 600 large-sized cases and 250 small-sized cases of tomato catsup, remaining in 
the original unbroken packages at Cumberland, Md., alleging that the article 
.had been shipped by the Mid-West Food Packers (Inc.), from Fowlerton, ind., 
? on or about September 11, 1928, and transported from the State of Indiana into 
the State of Maryland, and charging misbranding in violation of the food and 
'drugs act.    The article was labeled in part: (Cases) "Mid-West Brand Tomato 
Catsup Made by Mid-West Food Packers Inc., Marion, Ind.;"  (bottles)  "Mid- 
West Brand Highest Quality Tomato Catsup 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, " Tomato Catsup" and " No preservative or artificial coloring," were 
"false and misleading and deceived and misled the purchaser when applied to 
an artificially colored product.
On August 2, 1929, J. C. Orrick & Son Co., Cumberland, Md., having appeared 
as claimant for the property, 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 $1,000, conditioned in part that it be relabeled so as to conform to the re- 
quirements of the Federal food and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.