13467. Adulteration  and  misbranding  of tomato  paste.     U.  S.  v.  65  Cases
of   Tomato    Paste.      Consent    decree    of    condemnation    and    for- 
feiture.     Product  released  under bond  to  be  relabeled.      (F.  &  D.
No. 19435.    I. S. No. 22799-v.    S. No. C-4586.)
On December 26, 1924, the United States attorney for the Eastern District 
of Missouri, 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 65 cases of tomato paste, remaining in the original un- 
broken packages at St. Louis, Mo., alleging that the article had been shipped 
by the Hershel California Fruit Products Co., San Jose, Calif., on or about 
October 4. 1924, and transported from the State of California into the State
fond and drugs act. The article was labeled in part: "'Tomato Sauce * * * 
racked 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 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/' borne 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 April 6, 1925, Ravarino & Freschi Importing & Manufacturing Co., St- 
Louis, Mo., having appeared as claimant for the property and' having con- 
sented 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 upon payment of the costs of the proceedings and the execu- 
tion of a good and sufficient bond, in conformity with section 10 of the act, 
conditioned in part that it be relabeled under the supervision of this depart- 
ment to show that it was artificially colored.
C. F. MARVIN, Acting Secretary of Agriculture-