14616. Adulteration and. misbranding" of tomato  sauce.     IF.  S. v.  17  Cases
of Tomato Sauce. Consent decree of condemnation and for- 
feiture.    Product   released   under   bond.     (F.  &  D.   No.   19475.    I.   S.
No. 3738-v.    S. No. E-5101.)
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 seiz- 
ure and condemnation of 17 cases of tomato sauce, 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 Octo- 
ber 11, 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: (Can) " De-Luxe Brand Concen- 
trated Tomato Sauce 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 Sauce," 
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 on the label.
On March 13, 1925, Harmon & Hulsey, Tampa, Fla., claimants, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimants upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $500, in conformity with section 10 of the act.
W. M. JAKDINE, Secretary of Agriculture.