19570. Adulteration of tomato puree and adulteration and Misbranding of
canned tomatoes. U. S. v. Benjamin Joseph. Fettig (Fettig: Can- 
ning: Co.). Plea of gnailty. Fine, $75. (F. & D. No. 26686. I. S. Nos. 
13506, 15663, 15675.)
This action was based on interstate shipments of tomato puree and alleged 
canned tomatoes, both of which upon examination were found to contain 
excessive mold, and the latter was not made of sound whole ripe tomatoes 
as represented.
On or about October 30, 1931, the United States attorney for the Southern 
District of Indiana, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid an 
information against Benjamin Joseph Fettig, trading as the Fettig Canning 
Co., Elwood, Ind., alleging shipment by said defendant in violation of the food 
and drugs act, on or about September 12, 1930, from the State of Indiana into 
the State of Ohio, of a quantity of tomato puree that was adulterated, and 
on or about September 15, 1930, from the State of Indiana into the State of 
Pennsylvania, of a quantity of canned tomatoes that were adulterated and 
misbranded. The puree was labeled in part: " Retloc [or " Dandy Line"] 
Brand Tomato Puree." The canned tomatoes were labeled in part: " Mary's 
Choice Brand [design of whole ripe tomato] Tomatoes Extra Standard 
Puree * * * Packed by Daleville Canning Co., Daleville, Ind." The word 
"Puree" on the label of the said canned tomatoes was indistinct.
The information alleged that both articles were adulterated in that they 
consisted in whole and in part of a filthy, decomposed, and putrid vegetable 
substance.
The information further alleged that the canned tomatoes were misbranded 
in that the statement "Extra Standard Tomatoes," together with the design 
of a whole ripe tomato, not corrected by the inconspicuous statement " Puree," 
borne on the label, were false and misleading, since they represented that the 
article was made of whole, ripe, sound tomatoes; and for the further reason 
that the article was labeled as aforesaid so as to deceive and mislead the 
purchaser into the belief that it was a product prepared from whole, ripe, 
sound tomatoes, whereas it was prepared from partially decomposed tomatoes.
On March 29, 1932, motions to quash the information having been overruled 
by the court, the defendant entered a plea of guilty and the court imposed 
a fine of $25 on each count of the information, a total fine of $75 without costs.
ABTHUB M. HYDE, Secretary of Agriculture.