613. Adulteration of tomato catsup. U. S. v. 498 Cases of Tomato Catsup (and 8 other seizure actions against tomato products). Decrees of condemna- tion. Product in all lots ordered destroyed. Certain lots taken down under bond for salvaging containers. (F. D. C. Nos. 1080, 1223, 1278, 1373, 1444, 1715, 1720, 1778, 1828. Sample Nos. 48254-D, 66775-D, 67098-D, 72034-D, 72035-D, 72122-D, 6431-E, 6450-E, 8091-E, 8097-E.) Between November 27, 1939, and April 18, 1940, the United States attorneys for the Western District of Oklahoma, Western District of Michigan, District of Kansas, and the District of Minnesota filed libels against 1,831 cases of tomato catsup in various lots at Enid, Oklahoma City, and El Reno, Okla.; 279 cases at Escanaba, Mich.; 240 cases at Topeka, Kans.; and 570 cases at St. Paul, Minn., alleging that the article had been shipped in interstate commerce by the Frazier Packing Corporation. On March 27 and April 18, 1940, the United States attorney for the District of Colorado filed libels against 579 cases of tomato catsup which had been shipped in interstate commerce by the same firm. It was alleged in the libels that the shipments had been made within the period from on or about March 3, 1939, to on or about January 24, 1940, from Elwood, Ind.; and that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part variously: "Frazier's Tomato Catsup * * * Prepared by Frazier Packing Corp. Elwood Indiana"; "White Birch Brand Catsup * * * Carpenter Cook Co., Menominee, Mich."; "Brimful Brand Tomato Catsup * * * H. A. Marr Grocery Co., Distributors"; "Tee Pee Brand Catsup * * * Packed for The Theo. Poehler Merc. Co., Lawrence * * * Kansas"; "Blue Rock Brand Tomato Catsup Distributed, by Northern Jobbing Company St. Paul Minn."; "Dreher's Tomato Catsup * * * Packed for the Dreher Pickle Co., Fort Collins, Colo."; "YB Brand Fancy Tomato Catsup * * * Packed for Yoelin Bros. Merc. Co. Denver Colo." The Frazier Packing Corporation entered its appearance in the actions insti- tuted in the Western District of Oklahoma and the District of Kansas and admitted the allegations of the libels filed in said districts. On March 8, 1940, judgment of condemnation was entered in the Western District of Oklahoma, and it was ordered that the product be released to the claimant conditioned that the catsup be destroyed and the containers salvaged. On October 5,1940, judg- ment was entered as of March 7,1940, forfeiting the goods seized in the District of Kansas and ordering their release under bond for similar disposition. Be- tween February 8 and May 3, 1940, no claimant having appeared in the remaining actions, judgments of condemnation were entered and the product was ordered destroyed.