11060. Adulteration  and misbranding of tomato  puree.    U.  S. v.  1,506  Cases
*    *    *.    (F. D. C. No. 19256.   Sample No. 7938-H.)
LIBEL FILED :   February 28,1946, Eastern District of New York.
ALLEGED SHIPMENT : On or about November 13, 1945, by the Califruit Canning- 
Co., from Manteca, Calif.
PRODUCT: 1,506 cases, each containing 6 cans, of tomato puree at Maspeth, Long 
Island, N. Y.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article
1 consisted 
in whole or in part of a decomposed substance by reason of the presence of 
decomposed tomato material.
Misbranding, Section 403 (e), the article failed to bear a label containing the 
name and place of business of the manufacturer, packer, or distributor, and 
an accurate statement of the quantity of the contents; and, Section 403 (g) (2), 
it purported to be and was represented as tomato puree, a food for which a 
definition and standard of identity had been prescribed by regulations, but it 
failed to conform to the definition and standard since its label failed to bear 
the name of the food specified in the definition and standard.
DISPOSITION: December 11, 1946. The sole intervener having withdrawn its 
claim, judgment of condemnation was entered and the product was ordered 
destroyed.