10218. Adulteration and misbranding' of tomato sauce and concentrated?
tomato. TJ. S. * * * v. 10 Cases of Tomato Sauce and 5 Cases?
of Concentrated Tomato, Default decree of condemnation, for??
feiture, and destruction. (F. & D. No. 14570. I. S. Nos. 5844-t, 4845-t.?
S. No. E-3153.)
On March 1, 1921, the United States attorney for the Western District of?
Pennsylvania, 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 10 cases of tomato sauce and 5 cases of concentrated tomato,?
at Pittsburgh, Pa., alleging that the articles had been shipped by Thomas Page,?
Rochester, N. Y., on or about February 1, 1921, and transported from the State?
of New York into the State of Pennsylvania, and charging adulteration and mis??
branding in violation of the Food and Drugs Act, as amended. The articles?
were labeled in part, respectively: " Tripoli Brand Tomato Sauce Fabrica Di?
Salse Alimentari Napoli Style * * * Packed By Thomas Page Albion,?
N. Y. * * *"; and " Mt. Etna Brand Concentrated Tomato * * *?
Packed By Thomas Page   Albion, N. Y.    *    *    *."
Adulteration of the articles was alleged in the libel for the reason that they?
consisted in whole or in part of filthy, decomposed, or putrid vegetable sub??
stances.
Misbranding was alleged for the reason that the quantity of the contents was?
not plainly and conspicuously marked on the outside of the packages.
On January 21, 1922, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the products be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.