17541. Adulteration and misbranding1 of tomato catsup.    17. S. v. 35% Cases
of Tomato Catsup.     Default decree of forfeiture and destruction.
(F. & D. No. 24603.    I. S. No. 025741.    S. No. 2937.)
Samples of tomato catsup from the herein described interstate shipment 
having been found to contain decomposed material and to be artificially 
colored, the Secretary of Agriculture reported the matter to the United States 
attorney for the Northern District of Oklahoma.
On or about March 10, 1930, the said United States attorney filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 35% cases of tomato catsup at Tulsa, Okla., 
alleging that the article had been shipped by the Rush Canning Co., Bentonville, 
Ark., on or about October 8, 1929, and had been transported from the State of 
Arkansas into the State of Oklahoma, and charging adulteration and mis- 
branding in violation of the food and drugs act. . The article was labeled in 
part: "Mid-Mountain Brand Tomato Catsup * * * Packed by Mid- 
Mountain Fruit Co., Bentonville, Ark."
It was alleged in the libel that the article was adulterated and misbranded 
in that it contained mold, filthy and putrid matter, and artificial coloring.
On July 2, 1930, the Rush Canning Co., Bentonville, Ark., having failed to 
plead or appear in the case, but having admitted the allegations of the libel, 
judgment of forfeiture was entered, and it was ordered by the court that the 
product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.