14082. Misbranding  and   alleged   adulteration   of   tomato   paste.    V.   S.   v.
10 Cases, et al., of Tomato Paste. Decrees of condemnation and 
forfeiture entered. Product released under bond. (F. & D. Nos. 
20206, 20286, 20287. I. S. Nos. 4801-x, 4804-x, 4807-x, 4808-x. S. Nos. 
E-5423,   E-5440,   E-5441.)
On July 16 and 31, 1925, respectively, the United States attorney for the 
District of Porto Rico, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for said district libels pray- 
ing the seizure and condemnation of 55 cases of tomato paste, in part at 
San Juan, P. R., and in part at Mayaguez. P. R., alleging that the article had 
been shipped by Cook & Co., New Orleans, La., on or about the respective 
dates of May 12, 22, and 29 and June 26, 1925. and transported from the 
State of Louisiana into the Territory of Porto Rico, and charging adultera-
tion and misbranding in violation of the food and drugs act. ' One shipment 
of the article was labeled: " Buffalo Brand Tomato Paste. * * * Puro 
Di Pomidoro Packed By V. Taormina & Co. New Orleans." The remainder 
of the said article was labeled: " Buffalo Brand Tomato Paste * * * 
Puro Di Pomidoro Packed By Uddo Bros. Co., Inc., New Orleans, La."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, 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 
Paste" and "Puro Di Pomidoro," borne on the labels, were false and mis- 
leading and deceived and misled the purchaser. 
'
On September 12, 1925, Cook & Co., New Orleans, La., having appeared 
as claimant for the property and having admitted the allegations of the 
libels, judgments of the court were entered, finding the product misbranded 
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 bonds in the aggregate 
sum of $950, conditioned that it not be sold or otherwise disposed of contrary 
to law.
B. W. DUNLAP, Acting Secretary of Agriculture.