24472. Adulteration and misbranding of canned tomato paste.    U. S. v. 50 Cases
of Tomato  Paste.    Default decree  of condemnation and destruction.
(F. & D. no. 35238.    Sample no. 26009-B.)
This case involved a shipment of tomato paste that was adulterated because 
it contained excessive mold and was misbranded because it was a domestic 
product and was labeled to convey the impression that it was of foreign origin.
On March 8, 1935, the United States attorney for the District of Rhode Island, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 50 cases of tomato paste at Provi- 
dence, B. I., alleging that the article had been shipped in interstate commerce 
on or about February 19, 1935, 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: "Blue Mountain Tomato 
Paste * * * Blue Mountain Sales Co. Distributors, Providence, R. I. Color 
Added."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the article purported to be a 
foreign product because of the design on the label of pear-shaped tomatoes 
which are characteristic of the imported article; whereas it was not an 
imported article.
On March 29, 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.