18621. Adulteration and alleged Misbranding of tomato catsup.    IT. S. v. 151
Cases of Tomato Catsup. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. Nos. 26330, 26331, 26332. I. S. No. 
24226.    S. No. 4648.)
Examination of samples of tomato catsup from the shipment herein described 
having shown that the article was partially decomposed, and that the label bore 
an inconspicuous declaration of the added color present in the article, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the 
Northern District of Texas.
On May 6, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 151 cases of tomato catsup, remaining in the original packages 
fn various lots at Lubbock, Slaton, and Lamesa, Tex., consigned by the Ozark 
Mountain Canning Co., of Springfield, Mo., alleging that the article had been 
shipped from Bentonville Ark., on or about November 8, 1930, and had been 
transported from the State of Arkansas into the State of Texas, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " 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 part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article; and for the further reason 
that the statement, "Tomato Catsup,*' appearing on the label, was false and 
misleading and deceived and misled the purchaser when applied to an artifi- 
cially colored tomato catsup, labeled with an inconspicuous declaration of added 
?color.
On June 15, 1931, no claimant having appeared for the propertyr judgment 
was entered finding the product adulterated, and ordering that it be condemned 
and forfeited and destroyed by the United States marshal. 
/
AETHUB M. HYDE, Secretary of Agriculture.