16886. Misbranding of tomato catsup. TJ. S. v. 159% Cases of Tomato Cat- 
sup. Product released under bond. (F. & D. No. 22929. I. S. Nos. 
01458, 01459.    S. No. 996.)
On July 28, 1928, 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 praying: seizure 
and condemnation of 159% cases of tomato catsup, remaining in the original 
unbroken packages at St. Louis, Mo., alleging that the article had been shipped 
by the Morgan Packing Co., Austin, Ind., on or about June 20, 1928, and 
transported from the State of Indiana into the State of Missouri, and charging 
misbranding in violation of the food and drugs act. The article was labeled in 
part: (Jug) "Scott Co. Brand Tomato Catsup Contents 1 Gal. Morgan Packing 
Co., Austin, Ind."
It was alleged in the libel that the article was misbranded in that the 
designation " Tomato Catsup," borne on the label, was false and misleading and 
deceived and misled the purchaser when applied to an artificially colored 
article.
On December 3, 1928, the Morgan Packing Co., Austin, Ind., having appeared 
as claimant for the property, and having tendered its bond in the sum of 
$1,000, conditioned as provided by law, it was ordered by the court that the 
product be released to the said claimant upon payment of the costs of the 
proceedings.
ARTHUR M. HYDE, Secretary of AffrlcuUure.