15839. Misbranding of tomato paste. TJ. S. v. 6 Cases of Tomato Paste.?
Consent decree of condemnation and forfeitux-e. Product ordered?
destroyed.    (F. & D. No. 22763.    I. S. No. 24278-x.    S. No. 795.)
On May 9, 1928, 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 6 cases of tomato paste, remaining in the original unbroken packages at?
Hartford, Conn., alleging that the article had been shipped by the Eagle Can??
ning Co., Inc., Fredonia, N. Y., on or about October 25, 1927, and transported?
from the State of New York into the State of Connecticut, and charging mis??
branding in violation of the food and drugs act. The article was labeled in?
part: " Eagle Brand Salsa di Pomidoro * * * Tomato Paste Eagle Canning?
Co., Inc., Fredonia, N. Y."
It was alleged in the libel that the article was misbranded in that the?
statements, designs, and devices o? the labels of the cans containing the said?
article, to wit, "Tomato Paste Salsa di Pomidoro (cut of red ripe tomatoes),"?
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 July 9, 1928, by consent of the claimant, judgment of condemnation was?
entered, and it was ordered by the court that the product be destroyed by the?
United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.
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