19828. Adulteration and Misbranding of tomato ketchup.    U.  S. v. Alvin
A.    Baumer (Baumer's Food Products Co.).    Plea of guilty.    Fine,
85.    (F. & D. No. 27568.    I. S. No. 26741.)
This. action was based on the interstate shipment of a quantity of tomato 
ketchup, samples of which were found to contain undeclared added starch.
On May 2, 1932, the United States attorney for the Eastern District of Louis- 
iana, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid an information against 
Alvin A. Baumer, trading as Baumer's Food Products Co., New Orleans, La., 
alleging shipment by said defendant in violation of the food and drugs act, 
on or about May 12, 1931, from the State of Louisiana into the State of Mis- 
sissippi, of a quantity of tomato ketchup that was adulterated and misbranded. 
The article was labeled in part: (Bottles) " Tomato Ketchup * * * Baum- 
er
's Food Products Co.   New Orleans, La."
It was alleged in the information that the article was adulterated in that an 
added and undeclared substance, to wit, starch, had been substituted in part 
for tomato ketchup which the article purported solely to be.
Misbranding of the article was alleged for the reason that the statement 
" Tomato Ketchup," together with the design of red ripe tomatoes, borne on the 
label, was false and misleading, and for the further reason that it was labeled 
so as to deceive and mislead the purchaser, since the said statement and design 
represented that the product consisted solely of tomato ketchup, whereas it con- 
sisted in part of an added and undeclared substance, to wit, starch.
On May 26, 1932, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $5.
HENRY A. WALLACE, Secretary of Agriculture.