20055. Adulteration of  tomato  puree.     U.S.   v.   1,880   Cases,  et   al.,  of  To¬
mato   Puree.     Default   decree   of   condemnation,   forfeiture,   and 
destruction.     (F. & D. No. 27072.    I.S. Nos. 261, 262.     S. No. 5318.)
This case involved the shipment of a quantity of tomato puree, samples of 
which were found to contain excessive mold.
On October 13, 1931, the United States attorney for the Northern District of 
California, 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 3,200 cases of tomato puree, remaining in the 
original unbroken packages at San Francisco, Calif., alleging that the article 
had been shipped in interstate commerce on or about February 14 and March 1, 
1931, by the Varney Canning Co. Inc., from Ogden, Utah, to San Francisco, 
Calif., and charging adulteration in violation of the Food and Drugs Act. The 
cases containing the article were labeled in part, " Tomato Puree." The cans 
containing a portion were labeled in ,part: "Leota Brand Puree * * * 
Varney Canning, Inc., Roy, Utah."
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a decomposed vegetable substance.
On August 4, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.