2017. Adulteration   and misbranding of  tomato   catsup.     U.  S. v.  99  Cases  of
Tomato  Catsup.    Default decree of condemnation and destruction.     (F.
D. C. No. 4968.    Sample No. 22559-E.)
This product contained worm and insect fragments in addition to mold. It. 
also contained artificial color and sodium benzoate, which are not provided 
for in the standard of identity for tomato catsup, prescribed by regulations as 
provided by the Federal Food, Drug, and Cosmetic Act.
On June 23, 1941, the United States attorney for the District of Oregon filed 
a libel against 99 cases of tomato catsup at Grants Pass, Oreg., alleging that 
the article had been shipped on or about May 27, 1941, by Val Vita Food 
Products, Inc., from Oakland, Calif.; and charging that it was adulterated and 
misbranded.   It was labeled in part: "Monte Rio Tomato Catsup."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed substance; in that inferiority had been concealed by the 
addition of artificial color; and in that artificial color had been added thereto 
or mixed or packed therewith so as to make it appear better or of greater 
value than it was.
It was alleged to be misbranded in that it purported to be tomato catsup, a 
food for which a definition and standard of identity had been prescribed by 
regulations as provided by law, but it did not conform to such definition and 
standard since it contained artificial color and sodium benzoate.
On August 27, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.