26182. Adulteration and misbranding of tomato paste.    U. S. v. 72S Cases of
Tomato Paste, and other cases. Default decrees of condemnation and 
destruction. (F. & D. nos. 36252, 86346, 36347, 36348, 36349, 36350, 36351, 
36352, S6353, 36354, 36355, 36356.    Sample no. 15540-B.)
These cases involved interstate shipments of tomato paste that contained 
worm debris, and the label of which bore deceptive and misleading representa- 
tions that the article contained sweet basil.
The United States attorney for the Northern District of Ohio, acting upon 
reports by the Secretary of Agriculture, filed in the district court on August 30, 
1935, a libel, and on September 19, 1935, 11 libels, praying seizure and con- 
demnation of tomato paste in the Quantities and at the places, respectively, 
as follows: 725 cases, 160 cases, 100 cases, and 25 cases, at Youngstown, Ohio; 
100 cases, 25 cases, 80 cases, 25 cases, and 30 cases, at Cleveland, Ohio; 100 
cases and 25 cases at Akron, Ohio and 100 cases at Canton, Ohio. It was 
alleged in the libels that the article had been shipped in interstate commerce 
on or about June 27,1935, by the Uddo-Taormina Corporation, from Los Angeles, 
Calif., and that it was adulterated and misbranded in violation of the Food 
and Drugs Act. The article, contained in cans, was labeled in part: "Fancy 
California Tomato Paste With Sweet Basillco Giardlniera Brand Qualita 
Finissima Salsa Di Pomidoro Prepared from fresh ripe tomatoes, harmless color 
and sweet basil Packed by La Sierra Heights Canning Co. Los Angeles, Calif. 
Net Weight 6 Ozs. Avd."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy vegetable substance.
The article was alleged to be misbranded in that the statements on the label, 
"With Sweet Basillco" and "Prepared from * * * and sweet basil", were 
false and misleading and tended to deceive and mislead the purchaser, since 
the product contained no sweet basil.
On May 23, 1936, no claimant having appeared, judgments of condemnation 
were entered and it was ordered that the product be destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.