t.*S(>S5. Adulteration and misbranding of tomato paste. U. S. v. 225 Cases 
of Tomato Paste. Decree of condemnation and forfeiture. Prod- 
uct released under bond. (P. & D. No. 19196. I. S. No. 22639-v. 8. No. 
C-4544.)
On November 24, 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 225 cases of tomato paste, remaining in the 
original unbroken packages at New Orleans, La., alleging that the article 
had been shipped by the Hershel California Fruit Products Co., Inc., from 
San Francisco, Calif., on or about October 25, 1924, and transported from the 
State of California into the State of Louisiana, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled 
in part: (Can) "Tomato Sauce * * * 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 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" 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 December 17, 1924, the Hershel California Fruit Products Co., Inc., 
having appeared as claimant for the property and having admitted the al- 
legations of the libel, 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 execution of 
a bond in the sum of $1,000, in conformity with section 10 of the act, con- 
ditioned in part that it be relabeled, with the words "Artificially Colored " 
appearing conspicuously on the label.
R. W. DUNLAP, Acting Secretary of Agriculture.