16148. Adulteration and Misbranding of tomato puree.       XJ.  S. v. 21  Cases
of Tomato Puree. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 23231.    I. S. No. 03181.     S. No. 1338.)'
On December 7, 1928, the United States attorney for the Eastern District of 
Pennsylvania, 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 21 cases of tomato puree, remaining in the original un- 
broken packages at Pottstown, Pa., consigned by Wm. Laning & Son Co., Bridge- 
ton, N. J., alleging that the article had been shipped from Bridgeton, N. J., 
on or about October 6, 1928, and transported from the State of New Jersey 
into the State of Pennsylvania, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: " Silver 
Lake Whole Tomato Puree,    *    *    *    Packed by Wm. Laning & Son Co."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance.
Misbranding was alleged for the reason that the label bore the statement 
" Whole Tomato Puree" which was false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that 
the article was offered for sale under the distinctive name of another article.
On December 29, 1928, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture 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.