5239. Adulteration of tomato puree.    U. S. v. 187 Cases of Tomato Puree   (175
cases reshipped and relifoeled). Default decree of condemnation. Por- 
tion of product ordered destroyed. Remainder ordered destroyed or fed 
to animals.    (F. D. C. Nos. 9893, 9925.   Sample No. 15794-F.)
Examination of .this product showed that it contained naold, indicating the 
presence of-decomposed material.
On May 12, 1943, the United States attorney for the District of Idaho filed 
a libel against 187 cases of tomato puree at Pocatello, Idaho, alleging that the 
article had been shipped in interstate commerce on or about January 22, 1943, 
by Zion's Wholesale Grocery from Ogden, Utah. On May 20, 1943, 175 cases 
having been reshipped to Ogden, Utah, the United States attorney for the District 
of Utah filed a libel against the product .so reshipped,. alleging shipment on or 
about April 16, 1943, by Zion's Wholesale Grocery from Pocatello, Idaho. The 
article was labeled in part: "Smith Brand Tomato Puree * * * Packed By 
Smith Ganning Go. Clearfield, Utah." 
v
'    Both libels charged adulteration in that the article consisted in whole or in 
part of a filthy and decomposed substance.
On April 16 and June 30, 1943, no claimant having appeared for the product, 
judgments of condemnation were entered and portion remaining at Pocatello, 
Idaho, was ordered destroyed and the portion located at Ogden, Utah, was or- 
dered fed to animals, under the supervision of the United States marshal, or 
destroyed.
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