29075. Adulteration  and misbranding of tomato  puree.     U.  S.  v. 47  Cases  of
Tomato Puree. Consent decree of condemnation. Product released 
under bond for relabeling:.    (F. & D. No. 39631.   Sample No. 34933-C.)
This product contained a smaller proportion of tomato solids than tomato 
puree should contain.
On May 20, 1937, the United States attorney for the Northern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 47 cases of tomato 
puree at Pensacola, Fla.; alleging that the article had been shipped in interstate 
commerce on or about June 27, 1936, from New Orleans, La., by Angelo Glorioso; 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. 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 substance deficient in tomato 
solids had been substituted for tomato puree, which it purported to be.
The article was alleged to be misbranded in that the statement on the label, 
"Tomato Puree," was false and misleading and deceived and misled the pur- 
chaser, since the article was deficient in tomato solids, and for that reason 
was not tomato puree.
On June 12, 1937, Angelo Glorioso, claimant, having admitted the allegations 
of the libel, judgment of condemnation was entered and the product was ordered 
released under bond with the condition that it be relabeled.
HARRY L. BEOWN, Acting Secretary of Agriculture.