24413. Adulteration   and misbranding of  canned  tomato  paste.     U.   S.   v.  460
Cases of Canned Tomato Paste.    Default decree of condemnation and 
destruction.     (F. & D. no. 34564.    Sample no. 25550-B.)
This case involved au interstate shipment of canned tomato paste that 
was adulterated because of the presence of excessive mold. It was also 
misbranded since it was a product of domestic manufacture and was labeled 
to convey the impression that it was of foreign origin, and since it contained 
artificial color which was not plainly and conspicuously declared.
On December 14, 1934, the United States attorney for the Eastern District 
of Wisconsin, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 460 cases 
of canned tomato paste at Wauwatosa, Wis., alleging that the article had been 
shipped in interstate commerce on or about October 18, 1934, by the Helen 
Packing Corporation, from North Collins, N. Y., and charging adulteration 
and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Ital-Ama Brand Tomato Paste with Sweet Basil Naples Style 
Made from Whole Tomatoes 6 Ozs. Net Salsa Di Pomidoro Con Basilico Nap- 
oli Packed by Helen Packing Corp. North Collins, N. Y. Pure Color 
Added."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed vegetable substance.
Misbranding was alleged in that the statements on the label, "Ital Ama", 
"so Napoli", and "Naples Style", were misleading and tended to deceive
and mislead the purchaser, since they suggested that the product was of 
foreign origin; whereas it was not, and this impression was not corrected by 
the statement on the side panel indicating the domestic source of the product. \ 
Misbranding was alleged for the further reason that the statements on the 
label, "Salsa Di Pomidoro", and "Tomato Paste", were false and misleading 
and tended to deceive and mislead the purchaser, when applied to tomato paste 
containing artificial color, and this misbranding was not corrected by the 
inconspicuous legend appearing in a vertical position on the side panel, 
"Pure Color Added."
On March 21, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.