28816. Adulteration and misbranding of tomato puree. U. S. v. 837 Cases 
of Tomato Puree. Decree of condemnation. Product released 
under bond to be relabeled.    (F. & D. no. 33141.    Sample no. 4124-B.)
This case involved an interstate shipment of tomato puree which was found 
to be deficient in tomato solids.
, On July 30, 1934, 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 837 cases of tomato 
puree at Plaquemine, La., alleging that the article had been shipped in inter- 
state commerce on or about July 10, 1934, by the Uddo-Taormina Corporation, 
from Crystal Springs, Miss., and charging adulteration and misbranding in vio- 
lation of the Food and Drugs Act The article was labeled in part: " Buffalo 
Tomato Puree Color Added * * * Puree Di Pomidoro Distributed by Uddo- 
Taormina Corp   New Orleans La."
The article was alleged to be adulterated in that an insufficiently concen- 
trated, strained tomato product had been substituted for tomato puree, which 
the article purported to be.
Misbranding was alleged for the reason that the statements, " Tomato Puree 
* * * Puree Di Pomidoro", were false and misleading and tended to 
deceive and mislead the purchaser, and for the further reason that the article 
was offered for sale under the distinctive name of another article.
On November 19, 1934, the Uddo-Taormina Corporation having appeared as 
claimant and having admitted the allegations of the libel, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond, conditioned that it be relabeled under the supervision of this Department
M. L. WILSON, Acting Secretary of Agriculture.