22705. Adulteration and misbranding of tomato puree.    17. S. v. 488 Cases
and 516 Cartons of Tomato Puree. Default decrees of condemna- 
tion, forfeiture, and destruction. (F. & D. nos. 31866, 31941. Sample 
nos. 37369-A, 54743-A, 54977-A, 60621-A, 60518-A.)
These cases involved two lots of tomato puree, one of which contained 
excessive mold, insect larvae, and segments of the bodies of insects, and the 
other of which contained insect larvae, flies, beetles, and other extraneous 
matter. The latter lot was invoiced as tomato paste, whereas it contained 
insufficient tomato solids to be classed as tomato paste.
On January 23 and February 6, 1934, the United States attorney for the 
Western District of Washington, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation 
of 488 cases and 516 cartons of tomato paste at Seattle, Wash., alleging that 
the article had been shipped on or about September 28 and October 11, 1933,( 
by the Harbor City Food Corporation, of Harbor City, Calif., from Wilmington, 
Calif., and charging Adulteration of one lot and adulteration and misbranding 
of the other lot in violation of the Food and Drugs Act. One lot was invoiced 
as "Tomato Paste."
It was alleged in the libels that the article was adulterated in that it 
consisted wholly or in part of a filthy vegetable substance.
Misbranding of one lot was alleged for the reason that it was offered for sale 
under the distinctive name of another article.
On June 14, 1934, 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.