5380. Adulteration of tomato soup.    U. S. v. 48 Cases of Tomato Soup.    Default
decree of condemnation and destruction.     (F.  D.  C.  No.   10166.     Sample 
No. 46331-F.)
Examination showed the product was made from moldy and decayed 
tomatoes. 
. 
On June 30, 1943, the United States attorney for the Eastern District of Vir- 
ginia filed a libel against 48 cases, each containing 24 cans, of tomato soup' at 
Hopewell, Va., alleging that the article had been shipped in interstate commerce 
on or about January 12, 1943, by the Phillips Sales Co., Inc., from Cambridge, 
Md.; and charging that it was adulterated in that it consisted in whole or in 
part of a decomposed substance. The article was labeled in part: (Cans) 
"Phillips Delicious 'Newly improved' and now better-than-ever Condensed 
*   *    *   Tomato Soup."
On August 2, 1943, ho claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
GRAINS AND FEEDS