19739. Adulteration of tomato puree and Misbranding of canned tomatoes.
U. S. v. 34 Cases of Tomato Puree.    Default decree of condemna- 
tion and destruction.     (F. & D. No. 27648.    I. S. No. 41338.    S. No. 5688.)
This action was based on the interstate shipment of a quantity of tomato 
puree, samples of which were found to contain excessive mold, and a quantity 
of canned tomatoes labeled puree.
On January 12, 1932, the United States attorney for the District of Kansas, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 34 cases of tomato puree at Arkansas City, Kans., alleging 
that the article had been shipped by the Ray A. Ricketts Co., from Canon City, 
Colo., on or about June 25, 1931, and had been transported from the State of
Colorado into the State of Kansas, and charging Adulteration of a portion and 
Misbranding of the remainder, in violation of the food and drugs act. The 
article was labeled in part: (Can) "Santa Fe Brand Tomato Puree."
It was alleged in the libel that the portion of the article consisting of puree 
was adulterated in that it contained a decomposed vegetable substance.
Misbranding was alleged with respect to the portion consisting of canned 
tomatoes for the reason that the statement " Tomato Puree," on the label, was 
false and misleading and deceived and misled the purchaser, since some of 
the cans did not contain tomato puree but did contain whole tomatoes.
On April 5, 1932, no claimant having appeared for the property, judgment 
of condemnation was entered and it was ordered by the court that the product 
be destroyed by the United  States marshal.
HENRY A. WALLACE, Secretary of Agriculture'.