20630. Adulteration and Misbranding of tomato catsup.     TI. S. v. Greena¬
baum Bros., Inc.    Flea  of guilty.    Fine, $400.     (F. & D.  no. 28169. 
I. S. nos. 42112, 42613, 42614, 43844, 49385, 49386.)
The adulteration charged in this case was based on a finding of excessive 
mold in samples taken from all lots. The misbranding charges were based on 
short weight found in two of the brands*, the statements appearing on the 
labels of the said brands that the article was made of carefully selected 
stock; and the statement on the labels of all lots, with one exception, that 
the article complied with the pure food laws.
On December 22, 1932, the United States attorney for the District of Dela- 
ware, 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 
Greenabaum Bros., Inc., a corporation, Seaford, Del., alleging shipment by 
said company in violation of the Food and Drugs Act as amended, between 
the dates of September 26, 1931 and February 19, 1982, from the State of 
Delaware into the States of Maryland, New Jersey, and New York, of quan- 
tities of tomato catsup that was adulterated; and which, with the exception 
of one lot, was also misbranded. One shipment of the article was contained 
in cans labeled in part: " Ribbon Brand Guaranteed Pure and to Comply with 
all U. S. Food Laws Tomato Catsup Distributed by Frey & Son, Inc., Baltimore, 
Md." The labels of the bottles and cans in one shipment bore the statements, 
" Ideal Tomato Catsup, Wilkinson, Caddis & Co., Distributors, Newark, New 
Jersey"; the bottle labels bearing the further statement, " Guaranteed to 
comply with the Pure Food Laws." Two of the lots described as Tulip Brand 
or Ward Fancy bore on the labels, " Tomato Catsup, Distributed by Weidman, 
Ward & Co., Inc., Albany, N. Y. Guaranteed Pure and to comply with all 
U. S. Food Laws. Made from carefully selected whole tomatoes "; the Tulip | 
brand being further labeled, " Contents 14 Ounces"; and the Ward Fancy 
labels bearing the statement " Contents 14 Oz."
It was alleged in the information that the article was adulterated in that it 
consisted in part of a decomposed vegetable substance.
Misbranding was alleged with respect to all lots, with one exception, for 
the reason that the statements borne on the labels, "Guaranteed Pure And 
To Comply With All U. S. Food Laws ", or " Guaranteed to Comply with The 
Pure Food Laws ", were false and misleading and deceived and misled the pur- 
chaser, since the article did not comply with the Federal Food and Drugs Act. 
Misbranding was alleged with respect to the Tulip and Ward Fancy brands for 
the further reason that the statements on the labels, " Contents 14 Ounces [or 
"14 Oz."] Made from Carefully Selected Whole Tomatoes * * * Fancy 
Tomato Catsup ", were false and misleading and deceived and misled the pur- 
chaser, since certain of the bottles in each of the said brands contained less 
than 14 ounces, and the article was not made from carefully selected whole 
tomatoes. Misbranding of the said Tulip and Ward Fancy brands was alleged 
for the further reason that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the packages, since the statement made on the labels was incorrect.
On January 25, 1933, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $400.
R. G. TUGWELL, Acting Secretary of Agriculture.