20786. Adulteration and Misbranding of tomato catsup.     V. S. v. 680 Cans 
of  Tomato   Catsup.     Default  decree   of  destruction.      (F.  &  D.   no.
29799.    Sample no. 35076-A.)
This case involved a quantity of tomato catsup that contained added gum 
and sodium benzoate.
On or about February 9, 1933, the United States attorney for the Southern 
District of Ohio, acting upon a report by the Secretary of Agriculture, filed in 
the District Court a libel praying seizure and condemnation of 680 cans of 
tomato catsup at Chillicothe, Ohio, alleging that the article had been shipped 
in interstate commerce on or about August 8, 1932, by H. M. Wagner & Co., 
from Camden, Md., to Chillicothe, Ohio, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: " H. M. Wagner's Tomato Catsup, * * * Packed for H. M. Wagner 
and Company, Inc., Baltimore."
It was alleged in the libel that the article was adulterated in that added 
gum and sodium benzoate had been substituted in part for the article.
Misbranding was alleged for the reason that the statement " Tomato Cat- 
sup " was false and misleading when applied to an article that did not consist 
solely of tomato catsup. Misbranding was alleged for the further reason that 
the article was offered for sale under the distinctive name of another article
On March 28, 1933, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.