28945. Adulteration of catsup.    IT. S. v. 243 Cases of Catsup.    Portion of prodŽ
uct   released  unconditionally.    Remainder  condemned  and  destroyed.
(F. & D. No. 40985.    Sample No. 63019-C.)
A portion of this product contained excessive mold.
On December 3, 1937, the United States attorney for the Southern District of 
Iowa, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 243 cases of catsup at Marshall- 
town, Iowa, alleging that the article had been shipped in interstate commerce 
on or about September 18, 1937, from Matthews, Ind., by Marshall Canning Co., 
and charging adulteration in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy and decomposed vegetable substance.
On December 28, 1937, the Marshall Canning Co., claimant, having filed a peti- 
tion for the release of 208 cases of the seized merchandise, averring that the 
product in the said cases complied with the provisions of the law, the court, 
after hearing the evidence, entered an order granting such release. On May 
4, 1938, trial was had before the court with respect to the remainder (24 cases) 
and judgment was entered ordering that they be condemned and destroyed.
M. L. WILSON, Acting Secretary of Agriculture.