13170. Adulteration  and  misbranding  of  tomato  sauce  and  tomato  pulp.
V. S. v. 50 Cases of Tomato Sauce and Tomato Pulp. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 19487.     I. S. No. 13457-v.     S. No. K-4905.)
On January 12, 1925, 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 praying the 
seizure and condemnation of 50 cases of tomato sauce and tomato pulp, con- 
signed from San Francisco, Calif., remaining in the original unbroken pack- 
ages at New York N. Y., alleging that the article had been shipped by the 
Greco Canning Co., on or about November 26, 1924, in interstate commerce, 
and transported from the State of California into the State of New York, 
and charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: (Can) "De-Luxe Brand Concentrated 
Tomato Sauce'* (or "Pulp") "Packed By Greco Canning Co. San Jose 
*    *    *    Cal."
Adulteration of the article was alleged in the libel 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 " 
or " Tomato Pulp," as the case might be, borne on the labels, was false and 
misleading and deceived and misled the purchaser.
On March 19, 1925, Charles F. Martorelli, New York, N. Y., claimant, hav- 
ing admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it 
was ordered by the court that the product be released to the said claimant
43104-25 2
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $600, in conformity with section 10 of the act, conditioned in part 
that it be relabeled under the supervision of this department so that the said 
labels bear the statement "Artificially Colored."
R. W. DUNLAP, Acting Secretary of Agriculture.