20769. Adulteration and Misbranding of tomato catsup.    IT. S. v. 327 Cases,
et al., of Tomato Catsup. Product released under bond to be 
relabeled. (F. & D. nos. 27258, 27262. I. S. nos. 39213, 39218. S. nos. 
5421, 5430.)
The product in these cases consisted of tomato catsup that contained gum' 
that had been added as a thickener.
On November 18, 1932, the United States attorney for the Western District 
of Pennsylvania, acting upon reports by the Secretary of Agriculture, filed in 
the District Court of the United States libels praying seizure and condemna- 
tion of 436 cases of tomato catsup, in part at McKeesport, Pa., and in part 
at Monessen, Pa., alleging that the article had been shipped in interstate com- 
merce on or about January 16, 1931, by the Naas Corporation from Sunman, 
Ind., into the State of Pennsylvania, and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The article was sold under two 
labeling, in part as follows: (Bottles, "Na-Co Brand Tomato Catsup * * * 
Made by the Naas Corporation, Cohocton, N.Y."; " Steuben Brand Tomato 
Catsup   *   *   *   Made by Naas Corporation, Sunman, Ind."
It was alleged in the libels that the article was adulterated in that tomato 
catsup containing added gum had been substituted in part for the articles.
Misbranding was alleged for the reason that the statement " Tomato Catsup ", 
borne on the labels, was false and misleading when applied to tomato catsup 
containing added gum. Misbranding was alleged for the further reason that 
the article was offered for sale under the distinctive name of another article.
The claimant, the Naas Corporation, Sunman, Ind., filed a petition admitting 
the allegations of the libels and consenting to the entry of decrees of condem- 
nation and forfeiture, and prayed that the product be released for shipment 
to Sunman, Ind., to be relabeled. On November 21, 1932, decrees were entered 
ordering release of the product under bond, conditioned that it be relabeled 
under the supervision of this Department.
R. G. TUGWELL, Acting Secretary of Agriculture.