27430. Adulteration and misbranding of tomato catsup.    TT. S. v. 148 Cases and
49 Cases of Tomato Catsup (and tbree other seizure actions). Default 
decrees of destruction. (F. & D. nos. 39298 to 39302, incl. Sample nos. 
34508-C, 34509-C.) .
This product contained filth resulting from worm infestation and was short 
weight.
On or about April 2, 1937, the United States attorney for the Northern District 
of Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 344% cases of tomato 
catsup at Pensacola, Fla., alleging that it had been shipped in interstate com- 
merce on or about October 15, 1936, by the San Carlos Canning Co., from Los 
Angeles, Calif., and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended. A portion of the article was labeled: "Topco 
Brand Tomato Catsup * * * Net Contents 6 lb. 12 Oz. Packed by Tomato 
Packing Corporation, Harbor City California." The remainder was labeled: 
"Fairplay Brand Net Weight 6 Lbs. 12 Oz. or 3.06 Kilograms Tomato Catsup 
*   *    *   Parrott & Co.   San Francisco, California."
It was alleged to be adulterated in that it consisted in whole or in part 
of a filthy vegetable substance.
The article was alleged to be misbranded in that the statements, "Net Con- 
tents 6 Lb. 12 Oz." with respect to the Topco brand, and "Net Contents 6 Lbs. 
12 Oz. or 3.06 Kilograms" with respect to the Fairplay brand, were false and 
misleading, and deceived and misled the purchaser; and in that it was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package.
On June 28, 1937, no claimant having appeared, judgments of condemnation 
were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.