29108. Adulteration and misbranding of tomato puree.    TJ. S. v. Saukville Can¬
ning Co.    Plea of nolo contendere.   Fine, $50.    (F. & D. No. 38584.   Sam- 
ple No. 6:*476-B.)
This product was deficient in tomato solids and contained excessive mold. 
On June 21, 1937, the United States attorney for the Eastern District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the
district court an information against the Saukville Canning Co., a corporation, 
Saukville, Wis., alleging shipment by said defendant in violation of the Food 
and Drugs Act on or about May 7, 1936, from the State of Wisconsin into the 
State of Illinois, of a quantity of tomato puree which was adulterated and 
misbranded. The article was labeled in part: "Wisconsin 'Way Ahead Tomato 
Puree Packed By Saukville Canning Co. Saukville, Wis."
It was alleged to be adulterated in that a product deficient in solids and 
insufficiently concentrated had been substituted in whole or in part for tomato 
puree, which it purported to be; and in that it consisted in whole or in part of a 
decomposed vegetable substance.
The article was alleged to be misbranded in that the statement "Tomato 
Puree," borne on the label, was false and misleading and was borne on the label 
so as to deceive and mislead the purchaser, since it represented that the 
article was tomato puree; whereas the article was not tomato puree but was an 
insufficiently concentrated product deficient in solids.
On May 20, 1938, a plea of nolo contendere having been entered in behalf of 
the defendant, the court imposed a fine of $50.
HAKBT L. BROWN, Acting Secretary of Agriculture.