13216. Adulteration and misbranding' of tomato paste.    TJ.  S. v, 400 Cases
of Tomato Paste. Decree of condemnation and forfeiture. Prod- 
wet released under bond. (F. & D. No. 19191. I. S. No. 22638-v. S. 
No. C-4540.)
On November 22, 1924, the United States attorney for the Eastern District 
of Louisiana, 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 400 cases of tomato paste, remaining in the 
original unbroken packages at New Orleans, La., alleging that the article had 
been shipped by Morici & Co., from San Francisco, Calif., on or about October 
25, 1924, and transported from the State of California into the State of Louisi- 
ana, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: (Can) "Tomato Sauce Net Weight 
6 Oz. Packed By Hershel Cal. Fruit Prod. Co Packers Of Contadina Brand 
San Jose, Cal."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, 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," 
appearing on the labels, was false and misleading 'and deceived and misled 
the purchaser when applied to a tomato paste containing artificial color not 
declared on the label.
On January 3, 1925, J. Cusimano, New Orleans, La., having appeared as 
claimant for the property and having confessed the allegations of the libel, 
judgment of condemnation was entered, 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 a bond in the sum of $1,500, in conformity 
with section 10 of the act, conditioned in part that it be relabeled so that the 
statement "Artificially Colored " appear conspicuously on the labels, and that 
it not be sold or disposed of without inspection by a representative of this 
department.
R. W. DUNLAP, Acting Secretary of Agriculture.