24444. Adulteration and misbranding of tomato paste. U. S. v. 10 Gases of 
Tomato   Paste.     Default   decree   of   condemnation   and   destruction.
(F. & D. no. 35030.    Sample no. 21570-B.)
This case involved canned tomato paste that contained excessive mold and 
which was colored with artificial color which was not conspicuously declared on 
the label.
On or about January 30, 1935, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 10 cases of tomato 
paste at Hartford, Conn., alleging that the article had been shipped in inter- 
state commerce on or about November 26, 1934, by the Brocton Preserving 
Co., from Brocton, N. Y., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was labeled in part: "Fedora 
Italian Style Tomato Paste * * * Salsa Pura Di Pomidoro Harmless Color 
Added Packed by Brocton Preserving Co. Brocton, New York."
The article was alleged to be adulterated in that it was colored in a manner 
whereby inferiority was concealed, and in that it consisted wholly or in part 
of a decomposed vegetable substance.
Misbranding was alleged for the reason that the statements, "Tomato Paste" 
and "Salsa Pura Di Pomidoro", were false and misleading and tended to 
deceive and mislead the purchaser when applied to artificially colored tomato 
paste, and this misbranding was not corrected by the inconspicuous vertical 
declaration, "Harmless Color Added", appearing on one side panel of the label.
On April 30, 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.