12983. Adulteration and misbranding of tomato paste.    XJ. S. v. 252 Cases
and 92 Cases of Tomato Paste. Decrees of condemnation. Prod- 
uct released nnder bond to be relabeled. (F. & D. Nos. 19204, 19222* 
I. S. Nos. 22640-v, 22644-v.    S. Nos. C-4543, C-4555.)
On November 24, and December 2, 1924, respectively, the United States at- 
torney for the Eastern District of Louisiana, acting upon reports by the Sec- 
retary of Agriculture, filed in the District Court of the United States for said
district libels praying the seizure and condemnation of 344 cases of tomato 
paste, remaining in the original unbroken packages at New Orleans, La., 
alleging that the article had been shipped by the New Central Canning Co. 
(Inc.), on or about October 24, 1924, in part from Buena Park, Calif., and in 
part from Los Angeles, Calif., and transported from the State of California 
into the State of Louisiana, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Can) 
" Kitty Brand " (or " Angel Brand ") " Tomato Paste Salsa Di Pomidoro Packed 
By New Central Canning Co. Inc. Buena Park, CaL"
Adulteration of the article was alleged in the libels for the reason that a 
substance, an artificially-colored tomato paste or sauce, had been substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Tomato 
Sauce [Paste] " was false and misleading and deceived and misled the purchaser.
On December 16, 1924, the New Central Canning Co. (Inc.), claimant, hav- 
ing admitted the allegations of the libel, judgment of condemnation was en- 
tered, and it was ordered by the court that the product be released to the said 
claimant upon payment of the costs of the proceedings and the execution of 
bonds in the aggregate sum of $1,500, in conformity with section 10 of the act, 
conditioned in part that it be relabeled by placing the statement " Artificially 
Colored " conspicuously on the labels.
W. M. JABDINE, Secretary of Affriculture.