21121. Adulteration and Misbranding of tomato paste. U. S. v. 19 Cases, 
et al., of Tomato Paste. Default decrees of condemnation, for- 
feiture, and destruction. (F. & D. nos. 28595, 28596, 28597. Sample 
BOS. 7182-A, 7183-A, 7186-A.)
These actions involved quantities of a product represented to be tomato 
paste, but which was insufficiently concentrated to be deemed paste. Sample 
cans of the article taken from two of the shipments were found to contain 
less than the declared weight. The article in the said two shipments failed 
to bear a plain and conspicuous statement of the quantity of the contents, 
since the statement appearing on the label was incorrect.
On August 8, 1932, the United States attorney for the Northern District of 
Florida, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of three consignments 
consisting of 49 cases of tomato paste at Pensacola, Fla., alleging that the 
article had been shipped in interstate commerce, in part on or about October 
31, 1931, June 20, 1932, and June 24, 1932, by the Uddo-Taormina Corpora- 
tion, from New OrlKans. La., and charging adulteration and misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled 
in ,part: " Buffalo Brand Tomato Paste * * * Net Contents 5 oz. Packed 
by Uddo Taormina Corp., New Orleans, La."
It was alleged in the libels that the article was adulterated in that an 
insufficiently concentrated, strained tomato product had been substituted for 
tomato paste.
Misbranding was alleged for the reason that the statements "Tomato 
Paste" and " Net Contents 5 Oz.", were false and misleading and deceived 
and misled the purchaser; for the reason that the article was offered for 
sale under the distinctive name of another article; and for the further reason 
that it was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages.
This Department recommended charges of short weight against only the 
29 cases of the product shipped October 31, 1931, and June 20, 1932, no short- 
age in weight having been found in the shipment of June 24, 1932.
On May 6, 1933, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.