13642. Adulteration   and   misbranding   of   canned   tomato   paste.:    V.   S.   v.
319  Cases  of  Tomato  Paste.     Decrees  of  condemnation  and for- 
feiture.     Product released under bond.     (F. & D. Nos. 19445. 19446.
I. S. No. 22851-v.    S. No. G-4591.) 
.      .
On December 27, 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 t^e. United States for said district a libel praying the seiz- 
ure and condemnation of 319 cases of tomato paste, remaining in the original 
unbroken packages at St. Louis, Mo., alleging that the article had been 
shipped by the Southwestern Canning Corp., New Orleans, La., on Or about 
September 23, 1924, and transported from the State of Louisiana intfl the State 
of Missouri, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: (Can) "American 
Beauty Brand Napoli Type Tomato Paste with Basil Salsa di Pomidoro Packed 
and Guaranteed by A. Mannino, Los Angeles, California."
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 
[Paste] " was false and misleading and deceived and misled the purchasei 
when applied to a tomato paste containing artificial color not declared on 
the label.
On March 31, 1925, V. Viviano & Bros. Macaroni Mfg. Co., and Mariano 
Costa and Joseph Sciales, a copartnership, trading as Sciales Grocery Co., 
both of St. Louis, Mo., having appeared as claimants for respective portions 
of the product, judgments of condemnation and forfeiture were entered, and 
it was ordered by the court that the product be released to the said claimants 
upon the filing of a good and sufficient bond, in conformity with section 10 of 
the act, and that the claimants pay the costs of the proceedings.
R. W. DUXLAP, Acting Secretary of Agriculture.