18801. Adulteration   and   Misbranding of   canned   tomato  paste.    U.   S.   v.
877 Cases, et al., of Tomato Paste. Decree of condemnation and 
forfeiture. Product released under bond. (P. & D. No. 26485. 
I. S. No. 30538.    S. No. 4774.)
Samples of canned tomato paste from the shipment herein described having 
been found to contain undeclared added color, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of Massa- 
chusetts.
On June 12, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemnation 
of 377 cases each containing 200 tins, and 98 cases each containing 100 tins of 
tomato paste, remaining in the original unbroken packages at Boston, Mass., 
alleging that the article had been shipped by Bisceglia Bros., San Jose, Calif., 
on or about April 21, 1931, and bad been transported from the State of Cali- 
fornia into the State of Massachusetts, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: "Pastene Brand Tomato Paste Pastene Purity Brand Salsa Packed for 
Pastene Products Co., New York, Boston, Naples."
It was alleged in the libel that the article was adulterated in that artificially 
colored tomato paste had been substituted for the said article.
Misbranding was alleged for the reason that the statement, "Tomato Paste 
Salsa," and the design of a red ripe tomato on the label were false and mis- 
leading, and deceived and misled the purchaser when applied to an article 
artificially colored.
Misbranding was alleged for the further reason that the article was offered 
for sale under the distinctive name of another article.
On July 31, 1931, William E. Clapp, Boston, Mass., having appeared as claim- 
ant for the property and having admitted the allegations of the libel, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be released to the said claimant upon payment of costs and the 
execution of a bond in the sum of jj>6,800, conditioned in part that it should not 
be sold or otherwise disposed of contrary to the Federal food and drugs act 
or other existing laws. It was further ordered by the court that the product be 
relab?led under the supervision of this department.
AKTHUR M. HYDE, Secretary of Agriculture.