20337. Adulteration and Misbranding of canned tomato paste. U.S. v. 20 
Cases of Tomato Paste. Decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. no. 28918. 
Sample no. 7838-A.)
This action involved the shipment of a product represented to be tomato 
paste, which was found to be a strained tomato product, insufficiently concen- 
trated to be called tomato paste. Sample cans of the article also were found 
to contain less than the declared weight.
On September 16,1932, the United States attorney for the District of Puerto 
Rico, 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 20 cases of alleged tomato paste, charging that the article 
had been shipped on or about August 5, 1932, by Angelo Glorioso, New Orleans, 
La., to Santurce, P.R., that it was being offered for sale and sold in Puerto 
Rico, by Jose B. Lopez, Sues., of Santurce, P.R., and that it was adulterated 
and misbranded in violation of the Food and Drugs Act as amended. The 
article was labeled in part: (Can) "Eagle Brand Tomato Paste, Color Added. 
Contents 5 Ozs. Net. Salsa Di Pomidoro, * * * Packed by A. Glorioso, 
New Orleans, La."
It was alleged in the libel that the article was adulterated in that an insuffi- 
ciently concentrated, strained tomato product had been substituted for tomato 
paste, which the article purported to be.
Misbranding was alleged for the reason that the statements on the label, 
" Tomato Paste. Contents 5 Ozs. Net", were false and misleading and deceived 
and misled the purchaser. Misbranding was alleged for the further reason that 
the article was offered for sale under the distinctive name of another article, 
and for the further reason that the article was in package form and the quantity I
of the contents was not plainly and conspicuously marked on the outside of 
the package, since the statement made was incorrect.
On November 25, 1932, M. Lamadrid & Co., San Juan, P.R., having appeared 
as claimant for the property, 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 $200, conditioned that it should not be sold or otherwise disposed of until 
relabeled to conform to the Federal Food and Drugs Act.
R. G. TUGWETX, Acting Secretary of Agriculture.