28649. Adulteration and misbranding of tomato puree.    U. S. v. Angelo Glorioso.
Plea  of  guilty.     Defendant  fined  $300 and  placed  on probation  for 
3 years.     (F. & D. No. 39740.    Sample No. 34515-C.)
This product contained less tomato solids than tomato puree should contain.
On June 17,1937, the United States attorney for the Eastern District of Loui- 
siana, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Angelo Glorioso, New Orleans, La., alleging ship- 
ment by said defendant in violation of the Food and Drugs Act on or about 
June 27, 1936, from the State of Louisiana into the State of Florida, of a quan- 
tity of tomato puree which was adulterated and misbranded. The article was 
labeled in part: "Eagle Brand Tomato Puree * * * Packed by A. Glorioso, 
New Orleans, La."
It was alleged to be adulterated in that a product deficient in tomato solids 
had been substituted in whole and in part for tomato puree, which it purported 
to be.
The article was alleged to be misbranded in that the statement "Tomato 
Puree," borne on the can label, was false and misleading; and in that the said 
statement was borne on the label so as to deceive and mislead the purchaser 
since the article did not consist of tomato puree but did consist of a product 
deficient in tomato solids.
On March 7, 1938, the defendant entered a plea of guilty and the court im- 
posed a fine of $300 on count 1 of the information. Sentence was suspended on 
count 2, and the defendant was placed on probation for a period of 3 years.
W. R. GREGG, Acting Secretary of Agriculture.