17002. Adulteration and Misbranding of tomato catsup.    TJ. S. v. 19 Cases,
et al., of Tomato Catsup. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. Nos. 24344, 24345. I. S. Nos. Q25729, 
025730.    S. Nos. 2593, 2594.)
On December 16, 1929, the United States attorney for the Eastern District 
of Oklahoma, 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 36 cases of tomato catsup at Muskogee, Okla., alleging that 
the article had been shipped by the Rush Canning Co., from Bentonville, Ark., 
in part on or about October 21, 1929, and in part on or about November 7, 1929, 
and transported from the State of Arkansas into the State of Oklahoma, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: (Can) "Mid-Mountain Brand Tomato Cat- 
sup   *   *   *   Packed by Mid-Mountain Fruit Co. Bentonville, Ark."
It was alleged in the libel that the article was adulterated in that it con- 
sisted, in whole or in part, of a filthy, decomposed, or putrid vegetable sub- 
stance.
Misbranding was alleged for the reason that the designation on the label 
" Tomato Catsup," was false and misleading and deceived and misled the pur- 
chaser when applied to an artificially colored product.
On January 30, 1930, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered' by the 
court that the product be destroyed by the United States marshal.
AETHUK M. HYDE, Secretary of Agriculture.