13052. Misbranding- and alleged adnlteration of tomato paste.     U. S. v.392
(457)   Cases   of  Tomato   Paste.     Consent   decree   of   condemnation 
and   forfeiture.     Product   released   nnder   bond   to   be   relabeled.
(F. & D. No. 19219.    I. S. No. 19061-v.    S. No. C-4547.)
On December 8, 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 457 cases of tomato paste, remaining in the original un- 
broken packages at Chicago, Ill., alleging that the article had been shipped 
by the Hershel California Fruit Products Co., from San Jose, Calif., Octo- 
ber 22, 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) "Naples Style Tomato 
Sauce Contadina Brand * * * Packed By Hershel Cal. Fruit Prod. Co. 
*   *   *   San Jose, Cal."
' 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 statement " Tomato Sauce," 
borne on the labels, was false and misleading and deceived and misled the pur- 
chaser when applied to a tomato sauce or paste containing artificial color.
On January 24, 1925, A. Morici, 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 con- 
formity with section 10 of the act, conditioned in part that it be relabeled 
"Artificially Colored."
B. W. DTTNLAP, Acting Secretary of Agriculture.