25657. Adulteration of  tomato   paste.     IT.   S.   v.   303   Cases   and  398   Cases   of
Tomato Paste.     Default decree of condemnation and destruction.     (F.
& D. no. 36211.    Sample nos. 28409-B, 28410-B.)
This case involved a shipment of canned tomato paste that contained worm 
debris, i. e., small pieces of worms.
On August 23, 1935, the United States attorney for the Southern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel, and subsequently an amended libel, praying seizure and condemna- 
tion of 701 cases of tomato paste at Houston, Tex., alleging that the article had 
been shipped in interstate commerce on or about May 29, 1935, by the Uddo- 
Taormina Corporation, from Los Angeles, Calif., and charging adulteration in 
violation of the Food and Drugs Act. The article was labeled in part: "Tomato 
Paste Giardiniera Brand [or "Flag Brand"] * * * Packed by La Sierra 
Heights Canning Company, Los Angeles, California."
The amended libel charged that the article was adulterated in that it con- 
sisted in whole or in part of a filthy vegetable substance.
On March 31, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.