25662. Adulteration and misbranding of tomato concentrate.     V. S. v. 229 Cases
of Marin Tomato Concentrate. Default decree of condemnation and 
destruction.     (F. & D; no. 36312.     Sample no. 37681-B.)
This case involved a shipment of canned tomato concentrate that was adulter- 
ated because of the presence of filth resulting from worm infestation and which 
was also misbranded because it was short in weight.
On September 10, 1935, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 229 cases of tomato 
concentrate at Seattle, Wash., alleging that the article had been shipped in 
interstate commerce on or about February 9 and March 2, 1935, by Schwabacher 
Bros. Co., from San Francisco, Calif., and charging adulteration and misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled in 
part: " Marin Tomato Concentrate Contents 7 Lb. 4 Oz. Packed by Jos. Pearce 
Canning Co. Decoto Calif."
The article was alleged to be adulterated in that It consisted in whole or in 
part of a filthy vegetable substance.
Misbranding was alleged for the reason that the statement "7 Lb. 4 Oz." was 
false and misleading and tended to deceive and mislead the purchaser, and for 
the reason that it was food in package form and the quantity of the contents 
was not plainly or conspicuously marked on the outside of the package, since 
the statement made was incorrect.
On November 5, 1935, no claimant having appeared, judgment was entered 
finding the product adulterated as charged in the libel, and misbranded in that 
the statement on the label, "7 Lb. 4 Oz.", was false, misleading, and deceptive, 
and it was ordered that the product be condemned and destroyed.
W. R. GREGG, Acting Secretary of Agriculture.