29124. Adulteration of tomato catsup.    U.  S. v.  728 Cases  of Tomato  Catsup
(and two similar seizure actions). Default decrees of condemnation 
and destruction. (F. & D. Nos. 41609, 42439, 42440. Sample Nos. 9509-D, 
22494-D, 31203-D.)
This product contained excessive mold.
On February 4 and May 20, 1938, the United States attorney for the "Western 
District of Pennsylvania, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 728 cases of 
tomato catsup at McKeesport, Pa., 49 cases of the product at Erie, Pa., and 146 
cases at Pittsburgh, Pa.; alleging that the article had been shipped in interstate 
commerce in part on or about November 18, 1937, and January 19 and March 1, 
1938, by Farm King Packing Co., from Fredonia, N. T.; and charging adulteration 
in violation of the Food and Drugs Act. The article was labeled in part variously: 
"Pomco Brand Tomato Catsup Distributed by Potter Maine Co., McKeesport, 
Pa."; "Commodore Tomato Catsup * * * Distributors C. A. Curtze Erie, 
Pa."; and "Donahoe's My-Te-Good Ketchup * * * Packed For Donahoe's, 
Pittsburgh, Pa."
The article was alleged to be adulterated in that it consisted wholly or in part 
of a decomposed and filthy vegetable substance.
On May 20, July 21, and August 11, 1938, no claimant having appeared, judg- 
ments of condemnation were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.