28096. Adulteration and misbranding of tomato catsup.     IT.  S. v. 173 Cases of
Tomato   Catsup.     Default  decree  of  destruction.      (F.   &  D.   No.   39583. 
Sample No. 22568-C.)
This product contained filth resulting from worm infestation and was short 
weight.
On May 14, 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 a libel praying seizure and condemnation of 173 cases of tomato 
catsup at Marianna, Fla., alleging that the article had been shipped in interstate 
commerce on or about November 14, 1936, by the San Carlos Canning Co. 
from Los Angeles, Calif., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act The article was labeled in part: "Topco 
Brand Tomato Catsup * * * Net Contents 6 Lb. 12 Oz. Packed by Tomato 
Packing Corp., Harbor City, California."
The article was alleged to be adulterated in that it consisted in whole or 
in part of a filthy vegetable substance.
It was alleged to be misbranded in that the statement on the label, "Net 
Contents 6 Lb. 12 Oz.," was false and misleading and deceived and misled 
the purchaser; and in that it was food in package form and the correct quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package.
On November 23, 1937, no claimant having appeared, judgment was entered 
ordering that the product be destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.