5949. Adulteration and misbranding of tomato catsup.    U. S. v. 218 Cases of
Tomato   Catsup   (and  5  other  seizure  actions  against  tomato   catsup).
Default decrees of condemnation.    Portion ordered delivered to a chari-
' table institution for use as animal feed;  remainder ordered destroyed.
(F. D. C. Nos. 11070, 11086, 11130, 11150, 11222, 11764.    Sample Nos. 8339-F, 
40972-F. 41117-F, 43825-F, 48174-F, 62471-F.)
LIBELS FILED. Between November,5, 1943, and February 7, 1944, Northern Dis- 
trict of Texas, Eastern District of Louisiana, District of Minnesota, Eastern 
District of Arkansas, Western District of Missouri, Middle District of Ten- 
nessee.
ALLEGED SHIPMENT : From on or about September 18, to October 21, 1943, by the 
Frazier Packing Corporation, Elwood, Ind.
PRODUCT: 218 cases at Kansas City, Mo., 14- cases at New Orleans, La., 120 cases 
at Little Rock, Ark., 75 cases at Minneapolis, Minn., 70 cases at Nashville, 
Tenn., and 109 cases at Dallas, Tex.; each containing 24 bottles of tomato 
catsup.   -
LABEL IN PART: (Bottles) "Frazier's Superfine Tomato Catsup," or "Frazier's 
Tomato Catsup."
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), all lots consisted in 
whole or in part of a decomposed substance by reason of the presence of decom- 
posed tomato material.
Misbranding, Section 403 (a) (lots at Kansas City and New Orleans), the 
name "Superfine Tomato Catsup," and the statement on the label, "All Products 
Bearing This Label Are Guaranteed to Comply with the Pure Food Laws," 
were false and misleading.
DISPOSITION: Between December 27, 1943, and March 23, 1944. No claimant 
having appeared, judgments of condemnation were entered. The lot at Dallas 
was ordered delivered to a charitable institution, to be used for animal feed, 
and the other lots were ordered destroyed.