24962. Adulteration of tomato  catsup.    U.  S.  v.  16  Cases of Tomato  Catsup.
Default decree of condemnation and destruction. (F. & D. no. 35615. 
Sample no. 26548-B.)
This case involved a shipment of tomato catsup which contained evidence of 
worm and insect infestation.
On June 7, 1935, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 16 cases of tomato catsup at Havre, 
Mont., alleging that the article had been shipped in interstate commerce on or 
about October 5, 1984, by Varney Canning, Inc., from Roy, Utah, and charging 
adulteration in violation of the Food and Drags Act. The article was labeled 
in part: "Heart of Utah Brand Tomato Catsup   *   *   *   Varney Canning Inc."
The article was alleged to be adulterated in that it consisted wholly or in part 
of a filthy vegetable substance.
On July 31, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.