15888. Adulteration and misbranding of tomato puree.   U. S. v. 100 Cases
*    *    *.    (F.D.C. No. 28279.    Sample No. 54286-K.)
LIBEL FILED :   November 9, 1949, Western District of Louisiana.
ALLEGED SHIPMENT : On or about September 23,1949, by the Akin Products Co., 
from Mission, Tex.
PRODUCT: 100 cases, each containing 6 No. 10 cans, of tomato puree at Shreve- 
port, La.
LABEL, IN PART :   "Val-Tex Brand  Tomato Puree   Net Contents 4% Oz. Avoir."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in 
whole or in part of a decomposed substance by reason of the presence of decom- 
posed tomato material.
Misbranding, Section 403 (e) (2), the product failed to bear a label con- 
taining an accurate statement of the quantity of the contents. (The cans con- 
tained approximately 6 pounds and 6 ounces.) Further misbranding, Section 
403 (g) (1), the product failed to conform to the definition and standard of 
identity for tomato puree since it contained less than 8.37 percent of salt-free 
tomato solids.
DISPOSITION : February 27,1950. Default decree of condemnation and destruc- 
tion.