21135. Adulteration and Misbranding of tomato paste. V. S. v. 8 Cases of 
Tomato Paste. Default decree of condemnation, forfeiture, and 
destruction.    (F. & D. no. 28598.    Sample no. 7185-A.)
This action involved a quantity of a product represented to be tomato paste, 
but which was insufficiently concentrated to be deemed paste.
On August 8, 1932, the United States attorney for the Northern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of eight cases of tomato 
paste at Pensacola, Fla., alleging that the article had been shipped in inter- 
state commerce, on or about July 2, 1932, by F. G. Favaloro Sons, Inc., from 
Georgetown, Miss., and charging adulteration and misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: " Net 
Contents 5 Oz. Indian Girl Brand Tomato Paste Color Added * * * Packed 
by F. G. Favaloro Sons, Inc."
It was alleged in the libel that the article was adulterated in that an in- 
sufficiently 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 further 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 package.
This Department did not recommend charge of short weight against this 
product since no shortage in weight was found in the samples examined.
On May 6, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.