14397.  Adulteration  of  tomato  paste.     TI.  S.  v.  4   Cases  of  Tomato  Paste 
Default decree of condemnation, forfeiture and  destruction      n?*
& D. No. 19877.    I. S. No. 13581-v.    S. No. B-5165.) 
Ki>r
On March 11, 1925, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 4 cases of tomato paste, remaining in the original unbroken packages at 
Derby, Conn., alleging that the article had been shipped by Ernest Tomaini, 
Eatontown, N. J., on or about October 25, 1924, and transported from the State' 
of New Jersey into the State of Connecticut, and charging adulteration in 
violation of the food and drugs act. The article was labeled in part: (Can) 
" Fabrica Di Conserve Alimentari Tomaini & Tomaini Tomato Sauce Co. Naples 
Style-Eatontown, N. J." 
'
Adulteration of the article was alleged in the libel for the reason that it 
contained partially rotten tomatoes so as to reduce" and lower and injuriously 
affect its quality and strength and for the further reason that it consisted in 
whole or in part of a filthy, decomposed or putrid vegetable substance.
On June 19, 1926, 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.
"W. M. JAEDINE, Secretary of Agriculture.