25369. Misbranding of tomato paste.    U. S. v. 149 Cases of Tomato Paste.    De¬
cree of condemnation.    Product released under bond to be relabeled.
(F, & D. no. 36528.    Sample no. 43751-B.)
This case involved tomato paste of domestic origin which was labeled to 
convey the impression that it was of Italian origin.
On October 21, 1935, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 149 cases of tomato 
paste at Boston, Mass., alleging that the article had been shipped in inter- 
state commerce on or about September 1, 1935, by the Flotill Products Co., 
from Stockton, Calif., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: (Can) "Boston I Stores Brand Pure 
Tomato Paste With Basil Packed for Boston I Stores Boston, Mass."
The article was alleged to be misbranded in that the design of the map 
of Italy appearing on the main panels of the label, coupled with the statement 
in Italian, "Pura Salsa Di Pomidoro Con Basilico" was misleading and tended 
to mislead the purchaser when applied to a product which was not made in 
Italy.
On November 22, 1935, the Boston Italian Grocery Co., Boston, Mass., having 
appeared as claimant and having admitted the allegations of the libel, judg- 
ment 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.
R. G. TUGWEIX, Acting Secretary of Agriculture.