22077. Adulteration of tomato paste. U. S. v. 250 Cases of Tomato Paste. 
Tried to the court. Judgment for the Government. Decree of 
condemnation, forfeiture,  and  destruction  entered.    (F. & D. no.
27223.    I. S. no. 24244.    S. no. 5381.)
This case involved an interstate shipment of tomato paste which contained 
excessive mold.
On November 9, 1931, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 250 cases of 
tomato paste at New Orleans, La., alleging that the article had been shipped 
in interstate commerce, on or about August 11, 1931, by the Uddo-Taormina 
Corporation, from Los Angeles, Calif., and charging adulteration in violation
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of the Food and Drugs Act. The article was labeled in part: (Can) " Salsa 
Di Pomidoro. * * * Packed by Sierra Heights Canning Co., Los Angeles, 
California."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed vegetable substance.
On February 17, 1932, Frank A. Taormina, vice-president of the Uddo- 
Taormina Corporation, entered an appearance and filed a claim for the property 
on behalf of said corporation. Subsequently the claimant filed a motion to 
dismiss, which motion was over-ruled on January 28r 1933, and on February 16, 
1933, an answer was filed denying the adulteration charge. On March 15, 
1933, a jury having waived, the case came on for trial and the court having 
heard the pleadings and the evidence and arguments of counsel, entered judg- 
ment condemning and forfeiting the property and ordering that it be destroyed 
by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.