X3286. Misbranding and alleged adulteration of tomato paste. TJ. S. v. 50 
Cases of Tomato Paste. Consent decree of condemnation and 
forfeiture.     Product  released under bond to be relabeled.     (F.  &
D. No. 19192.    I. S. No. 20351-v.    S. No. E-3266.)
On November 26, 1924, the United States attorney for the Eastern 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, each containing 200 cans, of tomato paste, 
remaining in the original packages at Brooklyn, N. Y., alleging that the article 
had been shipped by the Greco Canning Co., Inc., from San Jose, Calif., Novem- 
ber 12, 1924, 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: (Case) " De Luxe Concen- 
trated Tomato Sauce " or " Concentrated Tomato Concentrate di Pomidoro De 
Luxe Brand," (Can) " De Luxe Brand Concentrated Tomato 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 product, had been substituted wholly 
or in part for the said article.
Misbranding was* alleged for the reason that the designation " Concentrated 
Tomato Pulp," appearing on the can labels, and the statements " Concentrated 
Tomato Sauce " and '? Concentrated Tomato," as the case might be, appearing
on the case labels, were false and misleading. and deceived and misled the 
purchaser when applied to an artificially-colored tomato product.
On February 11, 1925, the Greco Canning Co., San Jose, Calif., claimant, 
having admitted the material allegations of the libel and having consented to 
the entry of a decree, judgment of the court was entered, finding the product 
misbranded and ordering its condemnation and forfeiture, and it was further 
ordered by the court that the said product be released to the claimant'
' upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $500, in conformity with section. 10 of the act, conditioned in part that 
it be relabeled under the supervision of this department by pasting a sticker 
bearing the statement "Artificially Colored " on both panels of the can label.
R. W. DTJNLAP, Acting Secretary of Agriculture.