2747. Adulteration and misbranding of tomato puree.    TJ. S. v. TJddo Taorinina
Corporation and Rosario Raspanti.    Plea of guilty.    Fine, $1,200.     (F.
D. C. No. 4125.   Sample Nos. 35350-E to 35353-E, incl-., 35617-E.)
This product was deficient in tomato solids. Portions contained added color 
and portions contained excessive mold, indicating the presence of decomposed 
material.
On August 26, 1941, the United States attorney for the Southern District of 
Mississippi filed an information against Uddo Taormina Corporation, Crystal 
Springs, Miss., and Rosario Raspanti, alleging shipment on or about August 13, 
18, and 21, 1940, from the State of Mississippi into the States of Alabama and 
Louisiana of quantities of tomato puree which was adulterated and misbranded. 
It was labeled in part: "Baby Brand Tomato Puree." A portion bore the state- 
ment "color added" on the label.
Portions of the article were alleged to be adulterated in that they consisted 
in whole or in part of a decomposed substance. The portion labeled "color 
added" was alleged to be adulterated in that it was represented on its label 
to be tomato puree, and was inferior to tomato puree, and its inferiority to 
tomato puree had been concealed by the addition of artificial color; and in that 
color had been added thereto or mixed or packed therewith so as to make it 
appear better or of greater value than it was.
All lots of the article were alleged to be misbranded in that it purported to 
be or was represented as tomato puree, a food for which a definition and stand- 
ard of identity had been prescribed by regulations as provided by law, and. 
contained less than 8.37 percent of salt-free tomato solids, and portions con- 
tained, added color; whereas the regulations prescribe that tomato puree shall 
contain not less than 8.37 percent of salt-free tomato solids, and do not name 
color as an optional ingredient in tomato puree.
On November 4, 1941, a plea of guilty was entered on behalf of the defendants 
and the court imposed a fine of $1,200.