28450. Adulteration and misbranding of tomato paste.    U. S. v. The H. J. Mc-
Grath  Co.    Plea  of guilty.    Fine, $50 and costs.     (F.  & D.  No.  39785. 
Sample Nos. 28483-C, 35229-C.)
This product was deficient in tomato solids, and its label bore false and mis- 
leading representations that it was a foreign product. One lot contained exces- 
sive mold.
On October 21, 1937, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court an
information against the H. J. Moran Co., Baltimore, Md., alleging shipment 
in violation of the Food and Drugs Act by said company, on or about August 17, 
1986, and January 19, 1937, from the State of Maryland into the States of Ohio 
and Pennsylvania of quantities of tomato paste which was adulterated and 
misbranded. The article was labeled in part: (Cans) "Champion Brand * * * 
The H. J. Moran Company Baltimore, Md., U. S. A. Distributors."
It was alleged to be adulterated in that a substance deficient in tomato solids 
had been substituted for tomato paste, which it purported to be. One lot was 
alleged to be adulterated further in that it consisted in whole and in part of a 
decomposed vegetable substance.
The article was alleged to be misbranded in that the statements "Tomato Paste 
* * * Salsa Di Pomidoro," together with the design and device of a scene 
from Naples on the label, were false and misleading and were borne on the label 
so as to deceive and mislead the purchaser since they represented that the ar- 
ticle was tomato paste of foreign origin; whereas it was not tomato paste but 
was a product deficient in tomato solids, and was not of foreign origin, but was 
produced in the United States of America.
On November 19, 1937, a plea of guilty was entered and the defendant was 
sentenced to pay a fine of $50 and costs.
HABEY L. BROWN, Acting Secretary of Agriculture.