7090. Adulteration and misbranding- of concentrated tomato.    U. S.   *    *    *
v. 1S2 Cases * * * and 63 Cases * * * of Concentrato Di Pomi- 
doro * * * Concenti'ated Tomato Serto Brand Packed by Serto 
Packing" Co. N. Y. Consent decree of condemnation and forfei- 
ture. Product ordered released on bond. (F. & D. Nos. 9397, 9398. 
I. S. Nos. 14252-r, 14253-r.     S. Nos. E-1137, E-1138.)
On October 22, 1918, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure 
and condemnation of 182 cases, each containing 200 cans, and 63 cases, each 
containing 100 cans, of a product, labeled " Concentrato Di Pomidoro Con- 
centrated Tomato Serto Brand," remaining unsold in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped on or 
about September 10, 1918, by the Serto Packing Co., Centreville, Md., and trans- 
ported from the State of Maryland into the State of New York, and alleging 
adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that it 
being an article of food, the article consisted in part of a filthy and decomposed 
vegetable substance, and it was further adulterated in thai starch had been 
mixed with, and substituted wholly or in part for, the article which it pur- 
ported to be.
Misbranding of the article was alleged in the libel for the reason that it was 
an imitation of, and offered for sale under the distinctive name of, another 
article.
On April 22, 1920, Scaramelli & Co., Inc., claimant, consented to the entry 
of a decree of condemnation aud forfeiture, and attachment and destruction 
by the United States marshal of the product in the event, after delivery of the 
product to the claimant, of nonpayment of the costs of the proceedings and non- 
execution of a bond in the sum of $3,000, in conformity with section 10 of the 
act, by the claimant.
C. F. MARVIN, Acting Secretary of Agriculture.