24456. Adulteration of tomato  catsup.     U.   S.  v.  387  Cases,  et al.,  of Tomato
Catsup.     Default decrees of condemnation and destruction.     (F. & D.
nos.  35068,  35071,  35184.    Sample nos. 25481-B, 25483-B,  29084-B.>
These cases involved tomato catsup that contained excessive mold. 
On February 9, 1935, the United States attorney for the Eastern District of 
Wisconsin,   acting  upon   a  report by  the  Secretary  of Agriculture,  filed  in
the district court a libel praying seizure and condemnation of 387 cases of 
tomato catsup at Milwaukee, Wis. On February 8 and February 12, 1935r 
libels were filed in the Northern District of Illinois against 120 cases of 
tomato catsup at Chicago, Ill. It was alleged in the libels that the article 
had been shipped in interstate commerce in various lots on or about September 
7, September 15, 1934, and January 7, 1935, by the Morgan Packing Co., from 
Austin, Ind., and charging adulteration in violation of the Food and Drugs 
Act. The article was labeled, variously: "Columbus Brand Tomato Catsup 
Columbus Packing Co. Columbus, Ind."; "Eifel Brand Tomato Catsup * * * 
Packed for See & Company Chicago, Ill."; "Oh-Boy Brand Tomato Cat- 
sup   *   *   *   Distributed by Karasik Brothers Co.   Chicago, Ill."
The article was alleged to be adulterated In that it consisted wholly or in 
part of a decomposed vegetable substance.
On March 21, March 26, and March 27, 1935, no claimant having appeared, 
judgments of condemnation were entered and it was ordered that the product 
be destroyed.
M. I.. WILSON, Acting Secretary of Agriculture.