17448. Adulteration of tomato paste and tomato sauce. U. S. v. 52 Boxes 
of Tomato Paste, et al. Default decree of condemnation, forfei- 
ture, and destruction. (F. & D. No. 24279. I. S. Nos. 017088, 017089. 
S. No. 2518.)
Samples of tomato' paste and tomato sauce from the herein described inter- 
state shipment having been found to be made from a product containing de- 
composed material, the Secretary of Agriculture reported the facts to the 
United States attorney for the Northern District of West Virginia.
On November 26, 1929, the said United States attorney filed in the District 
Court of the United States for said district a libel praying seizure and condem- 
nation of 52 boxes, each containing 100 cans of tomato paste, and 44 boxes, each 
containing 100 cans of tomato sauce, alleging that the articles had been shipped 
by F. Romeo & Co. (Inc.), from Dover, Del., on or about October 29, 1929, in 
interstate commerce into the State of West Virginia, that they remained in the 
original packages at Wheeling, W. Va., and that they were adulterated in viola- 
tion of the food and drugs act. The articles were labeled in part: " Panicola 
Brand Tomato Paste * * * Salsa di Pomodoro, Color Added, Panicola 
Brand  [cut of ripe, red tomatoes]; "  and " Giulietta Brand Tomato  Sauce
* * * Naples Style, Giulietta Brand Salsa di Pomidoro, Uso Napoli * * * 
Giulietta Packing Co. Made in U. S. A."
It was alleged in the libel that the articles were adulterated in that they 
consisted in whole or in part of filthy, decomposed, or putrid vegetable 
substances.
On May 9, 1930, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the products be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.