13074. Misbranding and alleged adulteration of tomato paste.    U. S. v. 900
Cases of Tomato Paste.     Consent decree of condemnation and for- 
feitnre.    Product released under bond to be  relabeled.     (F. & D.
No. 19220.    I. S. Nos. 19062-v, 19063-v.    S. No. C-4552.)
On December 3, 1924, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 900 cases of tomato paste, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by the Hershel California Fruit Products Co., from San Jose, Calif., Novem- 
ber 3, 1924, and transported from the State of California into the State of 
Illinois, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Can) "Tomato Sauce 
* * * Packed By Hershel Cal. Fruit Prod. Co. San Jose, Cal." A portion of 
the article was contained in cases labeled in part: " Contadina Brand Tomato 
Paste Hershel California Fruit Products Co. San Jose, Calif."
Adulteration of the article was alleged in the libel for the reason that an 
artificially-colored product had been substituted wholly or in part for the said 
article.
Misbranding was alleged for the reason that the statements " Tomato Sauce " 
and " Tomato Paste," appearing in the labeling, were false and misleading and 
deceived and misled the purchaser when applied to a tomato sauce or tomato 
paste containing artificial color.
On February 5, 1925, G. Matalone, Chicago, Ill., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of the court was entered, finding the product misbranded and order-
ing its condemnation and forfeiture, and it was further 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 a bond in the sum of $1,000, in conformity 
with section 10 of the act, conditioned in part that it be labeled < 'Artificially 
Colored" in conspicuous type.
R. W. DTJNLAP, Acting Secretary of Agriculture.