7089. Adulteration, and misbranding? of tomato j>a*te. XJ. S. * * * v. 173 
Cases * * * and 183 Cases * * * of Tomato Paste. Consent de- 
cree   of  coiiileiunation  and  forfeiture.    Product   ordered   released
on bond.     (F. & D. No. 9410.    I. S. Nos. 14260-r, 142Gl-r.     S. No. E-1145 )
On October 24, 1918, the United States attorney for the Southern District 
of New York, 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 173 cases, each containing 100 cans, and 183 cases, each 
containing 200 cans of a product, labeled " Concentrate Di Pomidoro Concen- 
trated Tomato Serto Brand," remaining unsold in the original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped on or 
about September 23, 1918, by the Serto Packing Co., Oeutreville, Md., and 
transported from the State of Maryland into the State of New York, and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that being 
an article of food, the article consisted in part of a filthy and decomposed 
vegetable substance, and it was further adulterated in that starch had been 
mixed with, and substituted wholly or in part for, the article which it pur- 
ported to be.
Misbranding of the article was alleged in the libel for the reason that it 
was an imitation of, and was offered for sale under the distinctive name of, 
another article.
On April 22, 1920, Scaramelli & Co., Inc., claimant, consented to the entry 
of a decree of condemnation and forfeiture, and attachment and destruction by
the United States marshal of the product in the event, after delivery of the 
product to the claimant, of nonpayment of the costs of the proceedings and 
nonexecution of a bond in the sum of $3,000, in conformity with section 10 
of the act, by the claimant.
C. F. MAEVIN, Acting Secretary of Agriculture.