12408. Adulteration of tomato juice.    TJ. S. v. Richmond-Chase Company, a Cor¬
poration, and Leon W. Dierkes.   Pleas of nolo contendere.   Bach defend- 
ant fined $50.    (F. D. C. No. 21559.   Sample No. 29889-H.)
INFORMATION FILED : March 5, 1947, Northern District of California, against the 
Richmond-Chase Co., San Jose, Calif., and Leon W. Dierkes. sales manager; 
charging the defendants with the giving of a false guaranty. The guaranty 
was given by the defendants to United Grocers, Ltd., San Francisco, Calif., on 
or about February 12,1945, in connection with a contract for the sale of tomato 
juice. It provided that the food sold under the contract would be neither adult- 
erated nor misbranded within the meaning of the Federal Food, Drug, and 
Cosmetic Act.
Between the approximate dates of February 19 and April 14, 1945, the de- 
fendants sold and delivered a quantity of tomato juice to United Grocers, Ltd., 
which firm shipped the product from the State of California into the Territory 
of Hawaii.   The tomato juice so guarantied and shipped was adulterated.
LABEL IN PART :   "Heart's Delight   Juicidrinks   Fancy   Tomato Juice." 
NATURE OF CHARGE:   Adulteration, Section 402 (a)  (3), the article consisted in
part of a decomposed substance by reason of the presence of decomposed tomato
material.
DISPOSITION :   April 4, 1947.   Pleas of nolo contendere having been entered on. 
behalf of both defendants, the court imposed a fine of $50 against each.