33686. Adulteration and misbranding of tomato paste. U. S. v. 252 Cases of Tomato Paste. Decree of condemnation and forfeiture. Prod- uct released under bond. (F. & D. No. 19555. I. S. No. 22694-v. S No C-4630.) On February 2, 1925, 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 252 cases of tomato paste, remaining in the origi- nal unbroken packages at New Orleans, La., alleging that the article had been shipped by the La Sierra Heights Canning Co., from Los Angeles, Calif., on or about August 15, 1924, and transported from the State of California into the State of Louisiana, and charging adulteration and misbranding in viola- tion of the food and drugs act. The article was labeled in part: (Can) "Deer Tomato Paste * * * Salsa Di Pomidoro Packed By La Sierra Heights Canning Co., Arlington, Cal." Adulteration of the article was alleged in the libel for the reason that an artificially colored tomato paste had been mixed and packed therewith so as to reduce, lower, or injuriously affect its quality and strength, and had been substituted wholly or in part for the said article. Misbranding was alleged fpr the reason that the statements " Tomato Paste " and " Salsa Di Pomidoro," borne on the labels, were false and deceived and misled the purchaser. On February 12, 1925, the La Sierra Heights Canning Co., Arlington, Calif., having appeared as claimant for the property and having admitted the alle- gations 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, conditioned in part that it be relabeled, with the statement "Artificially Colored" appearing con- spicuously on the label. R. W. DUNLAP, Acting Secretary of Agriculture.