5378. Adulteration and misbranding of tomato puree.    V. S. v. Jacob Lutz  (Lutz
Canning Co.). ¦¦¦ Plea of guilty.    Fine, $300.     (F. D. C.  No. 9675.     Sample
N0.1898-F.) 


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This product contained mold, indicating the presence of decomposed material. 
The cans containing the product were unlabeled.
Qn September 15, 1943, the United States attorney for the Southern. District 
of Ohio filed an information against Jacob Lutz, trading at Arcanum, Ohio, 
under the firm name Lutz Canning Co., alleging shipment on or about November 
11,1942, from the State of Ohio into the State of Illinois of a quantity of canned 
tomato puree that was adulterated and misbranded.
The article 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 was 
in package form and (a) did not bear a label containing- the name and place Of 
business of the manufacturer, packer or distributor; and (b) did not bear a 
label containing an accurate statement of the quantity of the contents, since 
the cans bore no statement of the quantity of the contents. It was alleged to be 
misbranded further in that it was represented as a food for which a standard of 
identity had been prescribed by regulation promulgated pursuant to law and it 
did not bear a label containing the name of the food, tomato puree, specified in 
the definition and standard.
On November i, 1943, the defendant having entered a plea of guilty to both 
counts of the information, the court imposed a fine of $150 on each count, or a 
total fine of $300.   ,    \ 
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