14001. Adulteration and misbranding of tomato pnlp.    IT. S. v. 20 Gases ol
Tomato Pnlp. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 19474.    I. S. No. 3739-v.    S. No. E-5102.)
On or about January 15, 1925, the United States attorney for the Southern 
District of Florida, 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 20 cases of tomato pulp, remaining in the 
original unbroken packages at Tampa, Fla., alleging that the article had been 
shipped by the Greco Canning Co., Inc., from San Francisco, Calif., on or 
about November 1, 1924, and transported from the State of California into 
the State of Florida, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: " De-Luxe Brand 
Concentrated Tomato Pulp Packed By Greco Canning Co. San Jose, Cal."
Adulteration of the article was alleged in the libel for the reason that a 
substance, 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 Pulp," 
borne on the label, was false and misleading and deceived and misled the 
purchaser when applied to a tomato sauce containing artificial color not 
declared upon the label.
On April 27, 1925, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. W. DTJNLAP, Acting Secretary of Agriculture.