1783. Adulteration of tomato paste.    U. S. v. 148 Cases of Tomato Paste.     Con¬
sent decree of condemnation. Product ordered released under bond for 
segregation and  destruction of the unfit portion.     (F. D.  C.  No.  3620.
Sample No. 22034-E.)
A part of this product contained excessive mold, indicating the presence of 
decomposed material.
On January 6, 1941, the United States attorney for the Southern District of 
New York filed a libel against 148 cases of tomato paste at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about 
November 27, 1940, by the Capolino Products Co. from Stockton, Calif.; and 
charging that it was adulterated in that it consisted in whole or in part of a 
decomposed substance. The article was labeled in part: (Cans) "Product of 
California * * * Tomato Paste Luigi Vitelli-Elvea Inc., New York, N. Y. 
Distributors."
On January 31, 1941, Luigi Vitelli-Elvea, Inc., of New York, N. Y., claimant 
having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond conditioned that the 
fit portion be separated from the unfit and that the latter be destroyed.