24738. Misbranding of tomato paste.    U. S. v. 102 Cases of Tomato Paste.     Con¬
sent decree of condemnation. Product released under bond' to- the 
relabeled.     (F. & D. no. 35151.    Sample no. 25495-B.)
This case involved tomato paste of domestic manufacture which was labeled 
to convey the impression that it was of foreign origin.
On February 16, 1935, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture; filed in' the 
district court a libel praying seizure and condemnation of 162 cases- of: tomato-
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paste at Chicago, Ill., alleging that the article had been shipped in interstate , 
commerce on or about December 4, 1934, by the Manteca Canning Co., from ( 
Manteca, Calif., and charging misbranding in violation of the Food and Drugs 
Act.    The article was labeled in part:  "La Nuova Italia Brand  Salsa Di 
Pomidoro   *    *   *   Distributed by R. Gerber and Co. Chicago."
The article was misbranded in that the following statements "La Nuoya 
Italia Salsa Di Pomidoro", together with a foreign scene in a circular design, 
the design of crown and shield, and the use of the Italian national colors 
borne on the label, were false and misleading in that the said statements and 
design implied that the article was an Italian product, and for the further 
reason that the article purported to be a foreign product when not so.
On May 22, 1935, R. Gerber, Chicago, Ill., claimant, having admitted the 
¦allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and it was ordered that the product be released 
under bond conditioned that it be relabeled under the supervision of this 
department.
W. R. GBBGQ, Acting Secretary of Agriculture.