16109. Misbranding1  of tomato paste.     U.  S. v.  244  Cases  of Tomato Paste.
Decree  of  condemnation   entered.     Product  released under  bond.
(F. & D. No. 22798.    I. S. No. 24005-x.     S. No. 836.)
On or about May 26, 1928, the United States attorney for the Western District 
of New York, 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 244 cases of tomato paste, remaining in the original 
unbroken packages at Buffalo, N. Y., consigned by the La Sierra Heights 
Canning Co., Arlington Calif., alleging that the article had been shipped from 
Arlington, Calif., on or about December 15, 1927, and transported from the 
State of California into the State of New York, and charging misbranding in 
violation of the food and drugs act. The article was labeled in part: "Salsa 
Di Pomidoro * * * Packed by La Sierra Heights Canning Company, Arling- 
ton,  Cal. Naples Style Tomato Paste."
It was alleged in the libel that the article was misbranded in that the 
statement "Salsa Di Pomidoro Tomato Paste" was false and misleading and 
deceived and misled the purchaser.
On August 20, 1928, the Progressive Italian Importing Co., Brooklyn, N. Y., 
having appeared as claimant for the property, judgment of condemnation was 
entered, and it was ordered by the court that the product be released to the said 
claimant upon the execution of a good and sufficient bond, conditioned in part 
that it be relabeled, the words "Artificially Colored" to appear on said label 
in a conspicuous manner, and it was further ordered by the court that the 
claimant pay the costs of the proceedings.
ARTHUR; M. HYDE, Secretary of Agriculture.