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UNITED STATES v. 599 CASES, MORE OR LESS

No. 10 of 1961.

204 F.Supp. 104 (1962)

UNITED STATES of America v. 599 CASES, MORE OR LESS, Each Containing 24 14-Ounce Bottles, Tomato Catsup, Labeled in Part: (Bottle) "RITTER TOMATO CATSUP Net Contents 14 Oz. Avoir. Sold and Guaranteed by The P. J. Ritter Co., Bridgeton, N. J. U.S.A."

United States District Court E. D. Pennsylvania.

April 19, 1962.

Attorney(s) appearing for the Case

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., for plaintiff.

Joseph J. Brown, Philadelphia, Pa., for defendant P. J. Ritter Co.

GRIM, Senior District Judge.

This is a proceeding for the seizure of catsup under the Federal Food, Drug, and Cosmetic Act, enacted in 1938, 21 U.S.C.A. § 301 et seq. The libel avers that the catsup is adulterated within the meaning of section 402(a) (3) of the Act, 21 U.S.C.A. § 342(a) (3), "in that it consists wholly or in part of a decomposed substance by reason of the presence therein of decomposed tomato material." The answer of P. J. Ritter Company...

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