8962. Adulteration and misbranding of tomato puree.
'
- U. S. v. 42 Gases of Tomato
Puree.    Default decree of condemnation and destruction.    (F. D. C. No.
15426.   Sample No. 26011-H.)
LIBEL FILED :   February 27,1945, District of New Mexico.
ALLEGED SHIPMENT: On or about February 8, 1944, by the Taormina Corpora- 
tion, from Donna, Tex.
PRODUCT:   42 cases, each containing 100 cans, of tomato puree at Clovis, N. Mex.
LABEL IN PART: "Buffalo Brand Tomato Puree * * * Color Added Net 
Weight 43,4 Oz."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a decomposed substance.
Misbranding, Section 403 (g) (1), it purported to be and was represented 
as tomato puree, but it failed to conform to the definition and standard for 
that product since it contained less than 8.37 percent of salt-free tomato solids 
and since it contained added artificial color which is not provided for in the 
standard.
DISPOSITION : March 27, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.