24141. Adulteration and misbranding of tomato puree.    V. S. v. 147 Cases
of Canned Tomato Puree. Default decree of condemnation and 
destruction.     (F. & D. no. 34306.    Sample no. 18320-B.)
This case involved an interstate shipment of canned tomato puree which was 
found to contain excessive mold.
On November 7, 1934, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 147 cases of canned 
tomato puree at St. Louis, Mo., alleging that the article had been shipped in 
interstate commerce on or about September 7, 1934, by the De Schipper Canning 
Co., from Carthage, Ind., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was labeled in part: " De Schip- 
per's Highest Quality Fancy Tomato Puree Guaranteed to Comply with all Pure 
Food Laws   *    *    *   Packed by De Schipper Canning Co, Carthage, Ind."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the statements on the label, 
" Fancy ", " Highest Quality ", and " Guaranteed to Comply with all Pure Food 
Laws", were false and misleading and tended to deceive and mislead the 
purchaser.
On December 12, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Aotmg Secretary of Agriculture.