24473. Adulteration and misbranding of tomato paste.    U. S. v. 6 Cases, et al.,
of Tomato  Paste.     Default decree of condemnation and destruction.
(F. & D. nog. 35122, 35284.    Sample nos. 15047-B, 23936-B.)
These cases involved shipments 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 February 14, 1935, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 6 cases and 15 cans of 
tomato paste at Steubenville, Ohio. On March 21, 1935, a libel was filed in the 
Northern District of Ohio against 22 cases of the product at Youngstown, Ohio. 
It was alleged in the libels that the article had been shipped in interstate com- 
merce on or about September 19 and November 21, 1934, by the Helen Packing 
Corporation, from North Collins, N. Y., and that it was adulterated and mis- 
branded in violation of the Food and Drugs Act. The article was labeled in 
part: "Ital-Ama Brand Tomato Paste * * * Packed by Helen Packing Corp. 
North Collins, N. Y."
The article was alleged to be adulterated in that it consisted in part of a 
decomposed substance.
Misbranding was alleged for the reason that the statements "Ital-Ama", "Uso- 
Napoli", and "Naples Style", were misleading and tended to deceive and mis- 
lead the purchaser, in that they were suggestive that the article was of foreign 
origin; whereas it was not, and this suggestion was not corrected by a state- 
ment on the side panel indicating the domestic source of the product.
On April 22 and June 4, 1935, no claimant having appeared, judgments of 
condemnation were entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.