1784. Adulteration and misbranding of tomato puree.    TT. S. v. 19 Cases of To¬
mato Puree (and 3 other seizure actions against tomato puree). De- 
fault decrees of condemnation and destruction. (F. D. C. Nos. 3135 to 
3138, incl.    Sample Nos. 35350-E to 35353-E, Incl.)
Examination of this product showed that certain lots contained excessive 
mold, indicating the presence of decomposed material; and that some cans in 
the remaining lots contained artificial color.   All lots were found to contain less
than 8.37 percent of salt-free tomato solids, the minimum required by the 
regulations, the average varying from 6.70 to 6.78 percent.
On October 9, 1940, the United States attorney for the Southern District of 
Alabama filed libels against 266 cases of tomato puree at Mobile, Ala., alleging 
that the article had been shipped in interstate commerce on or about August 
13 and 18, 1940, by Uddo Taormina Corporation from New Orleans, La.; and 
charging that it was adulterated and misbranded. "It was labeled in part: 
(Cans) "Baby Brand Tomato Puree   *   *   *   [portion of cans, "Color Added"]."
The article in two of the lots was alleged to be adulterated in that it con- 
sisted in whole or in part of a decomposed substance. That in the cans labeled 
"Color Added" in the remaining lots was alleged to be adulterated in that inferi- 
ority had been concealed by the addition of artificial color, and in that color 
had been added to or mixed with it so as to make it appear better or of greater 
value than it was.
The article was alleged to be misbranded in that it purported to be a food for 
which a definition and standard of identity had been prescribed by regulations 
as provided by law, but it did not conform to such definition and standard in 
that it contained less than 8.37 percent of salt-free tomato solids. A portion was 
alleged to be misbranded further in that it contained artificial color, which is 
not provided for in the standard.
On December 21, 1940, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
DRIED FRUITS