3973. Adulteration and misbranding of tomato paste.    IT. S. v. 157 Cases of To¬
mato Paste.    Default decree of condemnation and destruction.     (F. D. C;
No. 74?3.    Sample Nos. 83907-E.. 83943-E, 83944-E, 83946-E.)      >
In addition to containing mold, this product was deficient in tomato solids.
On May 2, 1942, the United States attorney for the Eastern Districtof Louisi- 
ana filed a libel against 157 cases of tomato paste at New Orleans, La., alleging 
that the article had been shipped in interstate commerce on or about March 17, 
1942, by V. Damico from Los Angeles, Calif.; and charging that it was adulterated 
and misbranded. The article was labeled in part: "Giardiniera [or "Flag Brand" 
or "Progresso"] * * * Tomato Paste. Packed for La Sierra, Heights Can- 
ning Co., Inc., Buena Park, Calif."
It was alleged to be adulterated in that it consisted in whole or in part of a 
decomposed substance. It was alleged to be misbranded in that it purported 
to be food for which a definition and standard of identity had been prescribed by 
regulations as provided by law, but did not .conform to such definition and 
standard since it contained less than 25 percent of salt-free tomato solids.
On August 19, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.