24733. Adulteration of   tomato   puree   and   adulteration   and misbranding of
tomato paste and tomato catsup. U. S. v. 36 Cases of Tomato Paste, 
et al. Default decrees of condemnatloai and destruction. (F. & I>. nos. 
34989, 35070, 35186, 35296, 35347, 35366, 35523. Sample nos. 14579-B, 
1460O-B, 14740-B, 23686-B, 26022-B, 26049-B, 29042-B.)
These cases involved tomato products which were adulterated, all lots 
having been found to contain excessive mold, and one lot being artificially 
colored.   Portions of the products also were misbranded.
On January 25, February 9, February 27, March 23, April 8, and April 12, 
1935, the United States attorney for the District of Massachusetts, acting upon 
reports by the Secretary of Agriculture, filed in the district court libels praying 
seizure and condemnation of 46 cases of tomato paste at Worcester, Mass., 
41 cases of tomato puree at Boston, Mass., and 47 cases of tomato catsup 
and 25 cases of tomato paste at Lawrence, Mass. On May 21, 1935, a libel was 
filed in the Western District of Pennsylvania against six cases of tomato paste 
at Washington, Pa. The libels alleged that the articles had been shipped in 
interstate commerce between the dates of September 26, 1934 and March 21, 
1935, by the Brocton Preserving Co., Inc., in part from Brocton, N. Y., and in 
part from Fredonia, N. Y., and charged that they were adulterated, and that 
portions of the tomato paste and tomato catsup were also misbranded in 
violation of the Food and Drugs Act. The articles were labeled, variously: 
"Fairview Tomato Puree * * * Packed by Brocton Preserving Co. Broc- 
ton, N. Y."; "Brocton Brand Tomato Ketchup * * * Guaranteed to be Pure 
and to Comply with All Food Laws Brocton Preserving Co., Brocton, N. Y."; 
"Fedora Italian Style Tomato Paste * * * Salsa Pura Di Pomidoro Con 
Basilico Packed by Brocton Preserving Co. Brocton, New York."
The articles were alleged to be adulterated in that they consisted wholly 
or in part of a decomposed vegetable substance. A portion of the tomato 
paste was alleged to be further adulterated in that it was colored in a man- 
ner whereby inferiority was concealed.
Misbranding was alleged with respect to portions of the articles in that 
certain statements in the labeling were false and misleading and tended 
to deceive and mislead the purchaser, viz. "Guaranteed to be Pure and to 
Comply With All Food Laws", with respect to a portion of the tomato ketchup, 
since it was not pure and did not comply with the Federal Food and Drugs 
Act, "Con Basilico", with respect to a portion of the tomato paste, since it 
contained no basil; and "Tomato Paste * * * Salsa Pura Di Pomidoro", 
with respect to a portion of the tomato paste, since it was artificially colored
tomato paste, and the misbranding was not corrected by the inconspicuous 
vertical declaration "Harmless Color Added", appearing on the side panel.
On April 8, April 22, April 29, May 27, June 3, and June 27, 1935, no 
claimant having appeared, judgments of condemnation were entered and it was 
ordered that the products be destroyed.
W. R. GBBGG, Acting Secretary of Agriculture.