19429. Adulteration and Misbranding of tomato catsnp.     U.  S. v.  16 Cases
of Cairns Paisley Tomato Catsnp. Default decree of condemna- 
tion, forfeiture, and destrnctlon. (P. & D. No. 26418. I. S. No. 15936. 
S. No. 4734.)
Samples of tomato catsup from the shipment herein described having been 
found to contain added gum, the Secretary of Agriculture reported the matter 
to the United States attorney for the Eastern District of South Carolina.
On May 28, 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 16 cases of tomato catsup, remaining in the original unbroken 
packages at Charleston, S. C, alleging that the article had been shipped by 
Alex Cairns & Sons (Ltd.), Baltimore, Md., on April 6, 1931, and had been 
transported from the State of Maryland into the State of South Carolina, and 
charging adulteration and misbranding in violation of the food and druss act. 
The article was labeled in part: (Cans) "Cairns Paisley Tomato Catsup, 
made in U. S. A., Alex Cairns and Sons Ltd., Paisley, New York, 
London   *    *    *   Guaranteed free from Preservatives and Coloring Matter."
It was alleged in the libel that the article was adulterated in that tomato 
catsup containing added gum had been substituted for the article.
Misbranding was alleged for the reason that the statement " Tomato Catsup," 
was false and misleading, and deceived and misled the purchaser when applied 
to an article containing added gum. Misbranding was further alleged for the 
Treason that the product was offered for sale under the distinctive name of 
another article.
On June 25, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.