22404. Adulteration and misbranding1 of tomato catsup.    U. S. v. 100 Cases,
et  al.,  of  Tomato  Catsup.     Consent  decree   of  condemnation  and 
forfeiture.    Product released under bond to be relabeled.     (F. & D.
nos. 32009, 32010, 32320.    Sample nos. 63869-A, 63870-A, 65402-A.)
These cases involved shipments of tomato catsup which were labeled as con- 
taining no artificial color, but which, in fact, did contain artificial color. 
Sample bottles taken from the 8-ounce size were found to contain less than 
8 ounces.
On or about March 1 and March 22, 1934, the United States attorney for the 
Northern District of Illinois, acting upon a report by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 278 
cases of tomato catsup at Chicago, Ill., alleging that the article had been 
shipped in interstate commerce in various consignments, on November 4 and 
November 23, 1933, and February 23, 1934, respectively, by the Summit Packing 
Co., of La Porte, Ind., in part from La Porte, Ind., and in part from Wellsboro, 
Ind., and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended. One lot, contained in 8-ounce bottles, was labeled in 
part: (Principal label) "Contents 14 Ozs. Rarebit Tomato Catsup, Distributed 
by Wurm Brothers Co., Chicago, Ill."; (neck band) " We guarantee this catsup 
to be absolutely pure No * * * artificial coloring * * * 8 Oz." One 
lot was labeled in part: (Principal label) "Edgewater Catsup 14 Oz. Emile 
Bastien & Co. Distributors Chicago (Austin)"; (neck band) "Free from 
* * * artificial coloring." One lot was labeled in part: (Bottle) "Net weight 
8 Oz. Rosemary * * * Pure Tomato Catsup Samuel Kunin & Sons, Inc. 
Distributors, Chicago, Ill. * * * No * * * artificial coloring. * * * 
8 Oz."
It was alleged in the libels that the article was adulterated in that tomato 
catsup containing artificial color had been substituted for the article.
Misbranding was alleged for the reason that the statements, " Pure Tomato 
Catsup", "Tomato Catsup", "Catsup", "No * * * artificial coloring", 
" Free from * * * artificial coloring ", appearing on the labels, were false 
and misleading and tended to deceive and mislead the purchaser when ap- 
plied to tomato catsup which contained artificial color. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive name of another article. Misbranding of the 8-ounce bottles was 
alleged for the reason that the statements,  "Net Weight 8  Oz.",  "8 Oz.",
borne on the labels, and the statement on the principal label of a portion of the 
8-ounce bottles, " Contents 14 Oz.", were false and misleading, and tended to 
deceive and mislead the purchaser; and 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 neither state- 
ment was correct.
On April 11, 1934, the Summit Packing Co., claimant, having admitted the 
allegations of the libels and having consented to the entry of a decree, and 
the cases having been consolidated into one cause of action, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $500, conditioned that it be relabeled under the 
supervision- of this Department.
M. L. WILSON, Acting Secretary of Agriculture.