13769. Adulteration and misbranding: of tomato paste.     U. S. v. 16S Cases
of Tomato Paste. Decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 20344. I. S. No. 3911-x. S. No. 
C-4808.)
On or about August 12, 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 165 cases of tomato paste, at New Orleans, 
La., alleging that the article had been shipped by the New Central Canning 
Co., Inc., from Buena Park, Calif., on or about July 7, 1925, and transported 
from the State of California into the State of Louisiana and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
labeled in part: (Can) "Kitty Brand Tomato Paste Net Contents 6 Oz. Salsa 
Di Pomidoro Packed By New Central Canning Co. Inc. Buena Park, Cal."
Adulteration of the article was alleged in the libel for the reason that an 
artificially colored tomato paste had been substituted wholly or in part for the 
said article.
Misbranding was alleged for the reason that the statement, borne on the 
labels, " Tomato Paste Salsa Di Pomidoro," was false and misleading and de- 
ceived and misled the purchaser.
On August 13, 1925, the New Central Canning Co., Buena Park, Calif., hav- 
ing appeared as claimant for the property and having admitted the allegations 
of the libel, judgment of condemnation 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 good and sufficient bond, in 
conformity with section 10 of the act, conditioned in part that it be relabeled, 
with the statement " Artificially Colored" appearing conspicuously on the 
label.
C. F. MARVIN, Acting Secretary of Agriculture.