15749. Misbranding  of toniato paste.    TJ.  S. v.  18 Cases  of Tomato Paste.
Default   decree   of   condemnation   and   forfeiture.      (F.   &   D.   No.
22704.    I. S. No. 21714-x.    S. No. 748.)
On April 16,1928, the United States attorney for the District of Rhode Island, 
acting upon-a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 18 cases of tomato paste, remaining in the original unbroken packages at 
Providence, R. I., alleging that the article had been shipped by the Eagle 
Canning Co., Inc., from Fredonia, N. Y., November 30, 1927, and transported 
from the State of New York into the State of Rhode Island, and charging mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: "Eagle Brand Tomato Paste Eagle Canning Co., Inc., Fredonia, N. Y. 
Salsa Di Pomidoro."
It was alleged in the libel that the article was misbranded in that the state- 
ment, "Tomato Paste Salsa di Pomidoro," borne on the label, was false and 
misleading and deceived and misled the purchaser when applied to a product 
artificially colored.
On May 4, 1928, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered.
R. W. DTJNLAP, Acting Secretary of Agriculture.