27156. Adulteration of  tomato  paste.     U.   S.  v.   888  Cases   of  Tomato   Paste.
Portion  of  product   condemned and destroyed;   remainder  exonerated 
and released.    (F. & D. no. 36141.   Sample no. 16065-B.)
This case involved tomato paste that in part contained filth resulting from 
worm infestation.
On August 16, 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 a libel praying seizure and condemnation of 888 cases of tomato 
paste at New York, N. Y., alleging that it had been shipped in interstate com- 
merce on or about July 27, 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: "Fancy California Tomato Paste with 
Sweet Basilico Giardiniera Brand * * * Packed by La Sierra Heights Can- 
ning Co. Los Angeles, Calif."
It was alleged to be adulterated in that it consisted in whole or in part of a 
filthy vegetable substance.
On May 22, 1937, the Uddo-Taormina Corporation having appeared as claim- 
ant, judgment of condemnation and destruction was entered as to a portion of 
said shipment and the remainder was adjudged exonerated.
M. L. "WILSON, Acting Secretary of Agriculture.