27184. Adulteration  and misbranding of tomato  paste.     U.   S.  v.  28   Cases   of
Canned  Tomato  Paste.     Default  decree of forfeiture and destruction.
(F. & D. no. 39058.    Sample no. 12284-C.)
This product contained excessive mold, and no basil leaf as represented on 
the label.
On February 6, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 28 cases of canned 
tomato paste at Springfield, Mass., alleging that it had been shipped in interstate 
commerce on or about December 7, 1986, by Cuyler Food Products Co., from 
Canandaigua, N. Y., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: (Can) "Chapin 
Brand * * * Pure Tomato Paste * * * Distributed by Chapin Grocery 
Specialties Co. Inc. Springfield, Mass.   Packed with basil leaf."
It was alleged to be adulterated in that it consisted in whole or In part of a 
filthy and decomposed vegetable substance.
It was alleged to be misbranded in that the statement "Packed with basil 
leaf" was-false and misleading and tended to deceive and mislead the purchaser 
when applied to an article that contained no basil leaf.
On March 19, 1937, no claimant having appeared, judgment of forfeiture was 
entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.