26652. Adulteration and misbranding of tomato paste and tomato sauce.    TT. S. v.
50 Cartons of Tomato Paste, et al. Default decrees of condemnation and 
destruction. [F. & D. nos. 36157, 36158, 36160, 36331 to 36336, incl, 36594. 
Sample nos. 15595-B, 16044-B, 16046-B.)
Samples taken from these products were found to contain filth resulting from 
worm infestation. The tomato sauce was falsely represented to contain sweet 
basil; one lot of the tomato paste contained undeclared added color and was 
labeled to indicate that it was manufactured by a firm other than the actual 
manufacturer.
On August 22, 1935, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 100 cartons of tomato 
paste and 8 cartons and 144 cans of tomato sauce at New York, N. Y. On August 
21, September 16, September 17, and November 1, 1935, libels were filed in the 
District of New Jersey, the Eastern District of New York, and the District of 
Massachusetts against 25 cartons of tomato paste, and 87 cartons and 332 cans 
of tomato sauce in various lots at Jersey City, Paterson, Lodi, and Bernards- 
ville, N. J.; 8 cases and 144 cans of tomato sauce at Staten Island, N. Y.; and 
250 cartons of tomato paste at Boston, Mass. The libels alleged that the 
articles had been shipped in interstate commerce by the Coast Fishing Co., in 
part on or about July 13, 1935, from Wilmington, Calif., and in part on or about 
September 18, 1935, from Los Angeles  Harbor,  Calif.,  and  that they  were
adulterated and portions thereof also were misbranded in violation of the 
Food and Drugs Act.
The articles were labeled variously in part: "Campania Brand Tomato 
Paste * * * Packed by Italian Food Products Co. Inc., Long Beach, Cali- 
fornia"; "Prince Superfine Tomato Paste Concentrated Prince Macaroni Mfg. 
Co. Boston, Mass."; "La Famosa Brand Pure Tomato Sauce * * * With 
Sweet Basil, Con Basilico * * * Packed in California for Ossola Bros., Inc., 
New York—Pittsburgh."
The articles were alleged to be adulterated in that they consisted in whole or 
in part of filthy vegetable substances.
The tomato paste seized at Boston, Mass., was alleged to be misbranded in 
that the statement on the label, "Prince Macaroni Mfg. Co., Boston, Mass.", 
was false and misleading and tended to deceive and mislead the purchaser 
since it created the impression that that firm was the manufacturer, whereas 
the Anaheim Canning Co., Anaheim, Calif., was the manufacturer; and in that 
it was labeled or branded so as to deceive and mislead the purchaser, since 
the presence of added artificial color was not declared on the label.
The tomato sauce was alleged to be misbranded for the reason that the 
statement on the label, "With Sweet Basil—Con Basilico", was false and mis- 
leading and tended to deceive and mislead the purchaser when applied to a 
product containing no sweet basil.
On October 14, November 20, 1935, January 10, and September 2S, 1936, no 
claimant having appeared, judgments of condemnation were entered and it was 
ordered that the products be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.