6534. Adulteration and misbranding of tomato sauce and misbranding of tomato
puree. U. S. v. 181 Cases of Tomato Sauce and 148 Cases of Tomato 
Puree. Consent decrees of condemnation. Products ordered released 
under bond to be relabeled. Amended decree ordering puree distributed 
to charitable institutions. (F. D. C. Nos. 9922, 10900. Sample Nos. 6645-F, 
47236-F.)
LIBELS FILED:   May 12 and October 7, 1943; libel of May 12, 1943, amended on
March 18, 1944, Western District of Tennessee. 
ALLEGED SHIPMENT :   On or about March 15 and June 28, 1943, by the Glorioso
Corporation, Hopewell, Miss., and New Orleans, La. 
PRODUCT:   181 cases, each containing 100 cans, of tomato sauce, and 148 cases.
each containing 48 cans, of tomato puree at Memphis, Tenn.
Sauce Made from Whole Tomatoes Spices Added [or "Tomato Pulp, Salt, 
Powdered Cereals, Vegetables and Spices Added"]."
VIOLATIONS CHARGED: Adulteration (tomato sauce), Section 402 (b) (2), an 
unconcentrated tomato product had been substituted in whole or in part for 
tomato sauce, an article which is understood by the trading and consuming 
public to be a concentrated tomato product with or without added spices.
Misbranding, Section 403 (a), the name "Tomato Sauce," appearing on the 
label, was false and misleading as applied to an unconcentrated tomato product; 
and the statements on some of the labels, "Spices Added," and on the re- 
mainder, "Made From Tomato Pulp, Salt, Powdered Cereals, Vegetables and 
Spices Added," were false and misleading since no spices or cereals were pres- 
ent in the tomato sauce; Section 403 (g) (1), (tomato puree) the article pur- 
ported to be and was represented as a food for which a definition and standard 
of identity has been prescribed by regulations, but it failed to conform to the 
standard since it contained skins and less than 8.37 percent of salt-free tomato 
solids.
DISPOSITION: Between March 18 and May 20, 1944, the Glorloso Corporation, 
in liquidation, having appeared as claimed, judgments of condemnation were 
entered and the products were ordered released under bond to be relabeled 
under the supervision of the Federal Security Agency. On August 26,1944, the 
decree filed with respect to the puree was amended to provide that it be dis- 
tributed to local charitable institutions in lieu of the disposition ordered in 
the original decree.