13064. Misbranding- and allesred adulteration of tomato paste.    U. S. v. 29
Cases of Tomato Paste.     Consent decree of condemnation and for- 
feiture.     Product  released  under bond to be  relabeled.     (IP.  & D.
No.  19152.    I. S. No. 20978-v.    S. No. W-1606.)
On November 14, 1924, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying the 
seizure and condemnation of 29 cases of tomato paste, consigned October 8, 
1924, remaining in the original unbroken packages at Seattle, Wash., alleging 
that the article had been shipped by the Greco Canning Co., from San Jose, 
Calif., and transported from the State of California into the State of Wash- 
ington, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Can) "De-Luxe Brand Con- 
centrated Tomato Sauce Packed By Greco Canning Co. San Jose * * * 
Cal.    *    *    *    Salsa di Pomidoro," (case) " Tomato Pulp."
Adulteration of the" article was alleged in the libel for the reason that an 
artificially-colored tomato paste had been substituted wholly or in part for the 
said article.
Misbranding.was alleged for the reason that the statements "Tomato Sauce" 
and " Salsa Di Pomidoro " were false and misleading and deceived and misled 
the purchaser.
On December 15, 1924, the Greco Canning Co., San Jose, Calif., claimant, 
having admitted the allegations of the libel and having consented to the 
entry of a decree, judgment of the court was entered, finding the product mis- 
branded and ordering its condemnation and forfeiture, and it was further 
ordered by the court that the said product be released to the claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $500, in conformity with section 10 of the act, conditioned in part that it be 
relabeled under the supervision of this department.
R. W. DITNLAP, Actmg Secretary of Agriculture.