25614. Adulteration of tomato Watson.    U, S. v. 140 Cases of Tomato Catsup.    De¬
cree   of   condemnation.    Product   released   under   bond.     (F.   &   D,   no.
£6304.    Sample no. 35S42-B.)
This case involved tomato catsup a part of which contained filth resulting 
from worm infestation.
On September 11,1935, the United States attorney for the District of Colorado,, 
acting upon a report fey the Secretary of Agriculture, filed In the district court 
a libel praying seizure and condemnation of 140 cases of tomato catsup at 
Denver, Colo., consigned by Van Camp's, Inc alleging that the article had been
shipped in interstate commerce on or about October 17, 1934, from Indianapolis, 
Ind., into the State of Colorado, and charging adulteration in violation of the 
Food and Drugs Act. The article was labeled in part: "Glen Valley Brand 
*    *   *   Tomato Catsup Prepared by Van Camp's, Inc., Indianapolis, Ind."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy vegetable substance.
On November 26, 1935, Stokely Bros. & Co., having filed a claim and answer 
admitting the allegations of the libel with respect to 12 cases of the product and 
denying the allegations with respect to the remainder, and the court having 
found the answer of the claimant to be true, judgment of condemnation was 
entered and it was ordered that the product be delivered to the claimant under 
a bond conditioned that the good and bad portions be separated under the 
supervision of this Department and the good portion only released.
W. R. GREGG, Acting Secretary of Agriculture.