125138. Adulteration and misbranding: of tomaio sauce. TJ. S. v. 415 Cases 
of Tomato Paste. Decree of condemnation. Product released 
under bond.     (F. & B. No. 19176.    I. S. No. 2035'3-v.    S. No. W-1610.)
On December 11, 1924, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel of information 
praying the seizure and condemnation of 415 cases of tomato paste, remaining 
in the original unbroken packages at Boston, Mass., alleging that the article 
had been shipped by the Hershel California Fruit Products Co., from San Jose, 
Calif., November 13, 1924, and transported from the State of California into 
the State of Massachusetts, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Can) 
" Salsina Concentrated Tomato Sauce With Basil * * * Packed & Guar- 
anteed By Hershel Cal. Fruit Products Company San Jose, Calif."
Adulteration of the article was alleged in the libel for the reason that a 
substance, an artificially colored tomato paste, or sauce, had been substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Tomato Sauce," 
appearing in the labeling, was false and misleading and deceived and misled 
the purchaser when applied to a tomato sauce containing artificial color not 
declared on the label.
On December 26, 1924, C. L. Jones & Co., Boston, Mass., having entered an 
appearance as claimant for the property and having filed a satisfactory bond 
in conformity with section 10 of the act, judgment of condemnation was entered, 
and it was ordered by the court that the product might be released to the 
claimant upon payment of the costs of the proceedings.
W. M. JABDINE, Secretary of Agriculture.
^2939. Misbi-andingr of extract of vanilla. U. S. v. Thomson & Taylor Co., 
a Corporation. Plea of jfuilty. Fine, $50. (F. & D. No. 18324. 
I.  S. No. 11397-v.)
On May 28, 1924, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district an information against 
Thomson & Taylor Co., a corporation, Chicago, Ill., alleging shipment by said 
company, in violation of the food and drugs act as amended, on or about 
March 7, 1923, from the State of Illinois into the State of New Mexico, of a 
quantity of extract of vanilla which was misbranded. The article was labeled 
in part: " Extract of Vanilla    *    *    *   2 Fluid Ozs."
Examination of the article by the Bureau of Chemistry of this department 
showed that the bottles contained an average of 1.91 fluid ounces of the said 
article.
Misbranding of the article was alleged for the reason that the statement, 
to wit, "2 Fluid Ozs.," borne on the labels of the bottles containing the said 
.article, was false and misleading, in that the said statement represented that 
the bottles contained 2 fluid ounces of the said article, and for the further 
Teason that it was labeled as aforesaid so as to deceive and mislead the pur-
chaser into the belief that the bottles contained 2 fluid ounces of the article, 
whereas each of said bottles did not contain 2 fluid ounces but did contain a 
less amount. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package.
,On December 31, 1924, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $50.
W. M. JARDINE, Secretary of Agriculture.