16234. Misbranding of tomato  paste.     XT.  S. v. 42  Cases  of Tomato Paste.
Product   relabeled   and   released.      (F.   &   D.   No.   22805.      I.   S.   No. 
24006-x.    S. No. 840.)
On June 4, 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 condem 
nation of 42 cases of tomato paste, remaining in the original unbroken packages 
at Buffalo, N. Y., alleging that the article had been shipped, on or about 
November 30, 1921, from Arlington, Calif., and transported from the State of 
California into the State of New York, and charging misbranding in violation 
of the foofl and drugs act.
Analysis of a sample of the article by this department showed that it had 
been colored with cochineal.
The article was labeled in part: "Naples Style Tomato Paste with Sweet 
Basilico Giardiniera Brand * ' * * Salsa Di Pomidoro. Packed by La Sierra 
Heights Canning Co., Arlington, Cal."  
It was alleged in the libel that the article was misbranded; in that the state- 
ment "Salsa Di Pomidoro Tomato Paste" was false - and misleading and 
deceived and misled the purchaser.
On September 19, 1928, the products having been theretofore released under 
bond to the claimant, the Progressive Italian Importing Co., Brooklyn,; N. Y., 
and having been relabeled by order of the court, under the direction of this 
department, final order releasing, the product to the claimant was entered.
R. W. DTJNLAP, Acting Secretary of Agriculture.