10231. Adulteration and Misbranding of tomato catsup. TJ. S. v. 114 
Cases of Tomato Catsup. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 27247. I. S. No. 42112. S. No. 
5419.)
Samples of tomato catsup from the shipment herein described having been 
found to contain excessive mold, the Secretary of Agriculture reported the 
matter to the United States attorney for the District of Maryland.
On November 14, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 114 cases of tomato catsup, remaining in the original un- 
broken packages at Baltimore, Md., alleging that the article had been shipped 
by Greenabaum Bros. (Inc.), from Seaford, Del., on or about October 31, 1931, 
into the State of Maryland, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Can) 
" Ribbon Brand Tomato Catsup Guaranteed Pure and to Comply with all U. S. 
Food Laws.    *    *    *   Distributed by Frey &  Son Inc., Baltimore, Md."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in large part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the statement, " Guaranteed 
Pure and to comply with all U. S. Food Laws," was false and misleading and 
deceived and misled the purchaser.
On December 30, 1931, 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.
ABTHXTB M. HYDE, Secretary of Agriculture.