13508.  Adulteration and misbranding of tomato  sauce.     TJ.  S.  v. 250 Cases 
of  Tomato  Sauce.     Product  relabeled  and   costs  assessed.     tF   &
D. No. 19440.    I. S. No.  17108-v.     S. No.  E-5064.) 
On December 27, 1924, the "United States attorney for the Eastern District of 
Pennsylvania, 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 250 cases of tomato sauce, remaining in the original un- 
broken packages at Philadelphia, Pa., consigned by the Hershel California Fruit 
Products Co., from San Francisco, Calif., alleging that the article had been 
shipped from San Francisco, Calif., on or about October 27, 1924, and trans- 
ported from the State of California into the State of Pennsylvania, and charg- 
ing adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " Naples Style Tomato Sauce Contadina Brand 
With Basil    *    *    *    Packed By Hershel Cal. Fruit Prod. Co., San Jose, Cal."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, artificially colored tomato pulp or sauce, nad been substituted in 
whole or in part for the said article.
Misbranding was alleged in substance for the reason that the statement " To- 
mato Sauce," borne on the labels, was false and misleading, since the said 
article was composed of tomato sauce and artificially colored tomato paste or 
sauce.
On February 16, 1925, Harry Coroneos, Philadelphia, Pa., having appeared as 
claimant for the property and having relabeled the product in a manner satis- 
factory to this department, the costs of the proceedings were assessed against 
the said claimant.
R. W. DUNLAP, Acting Secretary of Agriculture.