641. Adulteration of tomato paste, canned tomatoes, and tomato catsup;   and
adulteration and misbranding of tomato sauce. IT. S. v. 273 Cases of 
Tomato Paste, 99 Cases of Tomato Sauce, 197 Cases of Canned Tomatoes, 
and 148 Cases of Tomato Catsup. Decrees of condemnation. Tomato 
paste released under bond for segregation and destruction of unfit por- 
tion. Remaining products ordered destroyed. (F. D. C. Nos. 1162, 1262, 
1690, 1767.   Sample Nos. 56444-D, 56459-D, 92057-D, 12708-E.)
The tomato sauce, the added packing medium of the canned tomatoes, and a 
part of the tomato paste contained excessive mold, indicating the presence 
of decomposed material. The tomato catsup contained excessive mold, and 
fragments of insect larvae and other filth resulting from insect infestation. 
The tomato sauce was also short of the declared weight.
On December 15, 1939, and January 3, March 25, and April 5, 1940, the 
United States attorneys for the Northern and Southern Districts of New York, 
the District of Rhode Island, and the Eastern District of Pennsylvania filed 
libels against 273 cases of tomato paste at Albany, N. Y.; 99 cases of tomato 
sauce at New York, N. Y.; 197 cases of canned tomatoes at Providence, R. I.; 
and 148 cases of tomato catsup at Philadelphia, Pa., alleging that the articles 
had been shipped in interstate commerce within the period from on or about 
November 16, 1939, to on or about March 8, 1940, by Port of Stockton from 
Stockton, Calif.; and charging that they were adulterated and that the tomato 
sauce  was  also   misbranded.   The   articles   were  labeled  in  part:   "Flotta
Brand Pure Tomato Paste * * * Packed by Flotill Products Inc."; "Dell- 
ford Brand • * * * Tomato Sauce, * * * Middendorf & Rohrs Distribu- 
tors, New York"; "Real Red Brand Tomatoes with added strained residual 
tomato material * * * Stockton Food Products Inc., Stockton, Calif."; 
"Racquet Brand Tomato Catsup * * * Harcourt, Greene Co., Distributors. 
San Francisco, Calif."
The canned tomatoes, the tomato sauce, and the tomato paste were alleged 
to be adulterated in that they consisted in whole or in part of decomposed 
substances. The tomato catsup was alleged to be adulterated in that it con- 
sisted in whole or in part of a filthy and decomposed substance.
The tomato sauce was alleged to be misbranded in that the statement on 
the label, "Contents 8 oz.," was false and misleading; and in that it was in 
package form and its label did not bear an accurate statement of the quantity 
of the contents.
On February 6, 1940, Flotill Products, Inc., Stockton, Calif., claimant for 
the product seized in the Northern District of New York, i. e., the tomato paste, 
having admitted the allegations of the libel, judgment of condemnation was 
entered, and the product was ordered released under bond conditioned that the 
unfit portion be segregated from the good portion and destroyed. On January 
23, April 19, and May 23, 1940, no claimant having appeared for the remaining 
products, judgments of condemnation were entered and the products were 
ordered destroyed.