13325. Adulteration  and  misbranding  of tomato  sauce.     V.  S* v.  50  Cases
of   Tomato   Sauce.     Consent   decree   of   condemnation   and   forfei- 
ture.     Product released  under bond to be x*elabeled.     (F. & D. No.
19369.    I. S. No. 13316-v.    S. No. E-5045.)
On December 8, 1924, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed, in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 50 cases of tomato sauce, at Jersey City, N. J., alleging that 
the article had been shipped by the Greco Canning Co., San Francisco, Calif., 
on or about November 7, 1924, and transported from the State of California 
into the State of New Jersey, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Can) 
"De-Luxe Brand Concentrated Tomato Sauce Packed By Greco Canning Co. 
San Jose    *    *    *    Cal."
Adulteration of the article was alleged in the libel for the reason that a 
substance, an artificially colored tomato sauce, had been substituted wholly 
or in part for the said article.
It was further alleged in the libel that the article was misbranded, in that 
the failure to declare the presence of artificial color was false and misleading 
and deceived and misled the purchaser.
On February IS, 1925, the Greco Canning Co., San Jose, Calif., having con- 
sented to the entry of a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court th*at the product by released to the 
said 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, con- 
ditioned in part that it be relabeled under the supervision of this department 
by pasting a sticker bearing the words "Artificially Colored " on both panels of 
the can label.
R. W. DUNLAP, Acting Secretary of Agriculture.