25288. Adulteration and misbranding of tomato paste. U. S. v. 21 Cases of 
Tomato Paste. Default decree of destruction. (F. & D. no. 35497. 
Sample no. 23685-B.)
This case involved tomato paste which contained excessive mold. The article 
was labeled to convey the impression that it was of high quality, whereas it 
was not.
On May 21, 1935, the United States attorney for the Northern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 21 cases of 
tomato paste at Wheeling, W. Va., alleging that the article had been shipped 
in interstate commerce on or about February 28, 1935, by the Notaro Bros. 
Canning Co., from Lawtons, N. Y., and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part: 
"Page's Gold Medal Tomato Paste * * * Notaro Bros. Canning Co., Law- 
tons, New York."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the following statements ap- 
pearing on the can label and in a circular shipped with the article were false 
and misleading: (Can) "Page's canned products have been awarded the Gold 
Medal and Diploma from the Esposizione Del Progresso Industriale, Roma 
and the Croce Shore al Merito Industriale from the Italian Government at 
Rome for their superior quality"; (circular) "The Gold Medal reproduced 
above was awarded to Page's Products in 1923 by the Esposizione Del Pro- 
gresso Industriale, Roma and the Croce Shore al Merito Industriale by the 
Italian Government at Rome for their superior quality."
On October 28, 1935, no claimant having appeared, judgment was entered 
ordering that the product be destroyed.
R. G. TUGWELL, Acting Secretary of Agriculture.