17428. Misbranding of tomato paste. U. S. v. 4 Cases, et al., of Tomato 
Paste. Decrees of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. Nos. 24216, 24217. I. S. Nos. 024044, 024045. 
S. Nos. 2465, 2466.)
Samples of the tomato paste from the shipments herein described having been 
found to contain added coloring matter, namely, cochineal, the Secretary of 
Agriculture reported the facts to the United States attorney for the Middle 
District of Pennsylvania.
On November 5 and November 6, 1929, respectively, the United States attor- 
ney filed In the District Court of the United States for said district libels 
praying seizure and condemnation of 21 cases of tomato paste, remaining in 
the original unbroken packages at Scranton, Pa., alleging that the article had 
been shipped by the Davis Canning Co., from Laurel, Del., in 2 lots, on or 
about October 1 and October 2, 1929, respectively, and transported from the 
State of Delaware into the State of Pennsylvania, and charging misbranding 
in violation of the food and drugs act. The article was labeled in part: " Salsa 
Di Pomidoro Al Basilico Marca Colombina Brand Pure Tomato Paste with 
Basil Distributed and Guaranteed By Colombina Products Corporation, 
Laurel, Delaware."
It was alleged in the libels that the article was misbranded in that the 
statements on the label, " Salsa Di Pomidoro Pure Tomato Paste," were false 
and misleading when applied to an article containing undeclared artificial color.
On January 31, 1930, Howard E. Jones & Co. (Inc.), having appeared as 
claimant for the property, judgments of condemnation and forfeiture were/ 
entered, and it was ordered by the court that the product be delivered to the 
said claimant to be relabeled, upon payment of costs and the execution of bonds 
totaling $1,000, conditioned in part that it should not be sold or otherwise 
disposed of until examined, passed upon, and released by this department.
ARTHUR M. HYDE, Secretary of Agriculture.