0126. Adulteration of tomato pxilp. TJ. S.. * * * v. 146 Cases of Canned. 
Tomato Full. Default decree of condemnation, forfeiture, anil 
destruction. (F. & D. No. 12282. I. S. Nos. 9249-r, 9250-r. S. No. 
C-1829.)
On March 10, 1920, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 149 cases of canned tomato pulp, at St. Louis, Mo., alleging 
that the article had been shipped on November 19, 1919, by the Central States 
Canning Co., Indianapolis, Ind., and transported from the State of Indiana into 
the State of Missouri, and charging adulteration In violation of the Food and 
Drugs Act. A portion of the article was labeled, " Elk Brand Concentrated 
Strained Tomatoes," and the remainder was labeled, " White Ribbon Fancy 
Heavy Body Tomato Pulp."
Adulteration of the article was alleged in substance in the libel for the 
reason that it consisted wholly or in part of a filthy, decomposed, and putrid 
vegetable substance.
Misbranding was alleged for the reason that the labeling was false and mis- 
leading and deceived and misled the purchaser into the belief that the product 
consisted wholly of tomatoes, whereas it contained filthy, decomposed, and 
putrid vegetable matter, and for the further reason that it was an imitation of, 
and was sold under the distinctive name of, another article.
On January 27, 1921, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.