1486. Adulteration and misbranding of tomato paste.   U. S. v. 31 Cases of Tomato
Paste.    Default decree of condemnation and destruction.    (F. D. C. No
4247.   Sample Nos. 22409-B, 22401-E.)
"Tabes pWducYWdntalnedi onan average 21.12 percent of salt-free tomato solids, 
whereas the regulations require that tomato paste contain not less than 25 
percent of such solids.   It also was found to contain worm and insect fragments.
On April 8, 1941, the United States attorney for the Southern District of New 
York filed a libel against 31 cases of tomato paste at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about February 
21, 1941, by the Hollister Canning Co. from Hollister, Calif.; and charging that 
it was adulterated and misbranded. The article was labeled in part: "San 
Benito Brand Naples Style Tomato Paste."
It was alleged to be adulterated in that it consisted in whole or in part of a 
filthy substance.
The article was alleged to be misbranded in that it purported to be tomato 
paste, a food for which a definition and standard of identity had been pre- 
scribed by regulations as provided by law, but it did not conform to such 
definition and standard.
On April 26, 1941, no claimant having appeared, judgment of condemnation , 
was entered and the product was ordered destroyed. 
(