13058. Adulteration and misbranding of tomato paste.     IX. S. v. 125 Cases,
et al., of Tomato Paste. Decree of condemnation and forfeiture. 
Product released nnder bond. (F. & D. Nos. 19452, 19453, 19455. I. S. 
Nos. 13855-v, 13856-v.    S. Nos. E-5082, E-5083.)
On December 30, 1924, the United States attorney for the District of Mas- 
sachusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying the seizure 
and condemnation of 214 cases of tomato paste, remaining in the original 
unbroken packages at Boston, Mass., alleging that the article had been shipped 
by the Hershel California Fruit Products Co., from San Francisco, Calif., 
October 30, 1924, and transported from the State of California into the State 
of Massachusetts, and charging adulteration and misbranding in violation of 
the food and drugs act. The article was labeled in part: (Can) "Stella del 
Paciflco Pacific Star Brand Salsina Concentrated Tomato Sauce * * * 
Packed & Guaranteed By Hershel Cal. Fruit Products Company San Jose, 
Calif."
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," 
borne on the said cans, was false and misleading and deceived and misled the 
purchaser when applied to a tomato sauce containing color not declared upon 
the label.
On January 23, 1925, the cases having been consolidated into one cause of 
action, and C. L. Jones & Co., Boston, Mass., having entered an appearance as 
claimant for the property and having filed a satisfactory bond, in conformity 
with section 10 of the act, judgment of condemnation was entered, and it was 
ordered by the court that the product might be released to the said claimant 
upon payment of the costs of the proceedings.
R. W. DUNLAP, Acting Secretary of Agriculture.