16329. Misbranding of tomato puree.    V.  S. v.  12 Cases  of Tomato Puree.
Default decree of condemnation,, and forfeiture. Product' de- 
livered to charitable institution. (P. & D. No. 23450. I. S. No. 
02672,    S. No. 1659.)
On February 21, 1929, the United States attorney for the Western District of 
New York, 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 12 cases of tomato puree, remaining in the original unbroken 
packages at Rochester, N. Y., alleging that the article had been shipped by the 
Phillips Sales Co., Laurel, Del., October 25, 1928, and transported from the 
State of Delaware into the State of New York, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: "Tomato Puree Packed by the Davis Canning Company, Laurel, Dela- 
ware; made from whole tomatoes and tomato trimmings; contents 6 lbs., 10 ozs., 
U. S. Government Pure Food Act Requirements Guaranteed."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " Contents 6 lbs., 10 ozs." and " U. S. Government Pure Food Act Require- 
ments Guaranteed," were false and misleading and deceived and misled the pur- 
chaser, and in that the article was* in package form and the quantity of 
tomatoes was not plainly and conspicuously marked on the outside of the pack- 
age, since the statement made was not correct.    '   '
On May 13, 1929, no claimant having appeared fbr the property, judgment of 
condemnation and forfeiture was entered, and, it was ordered by the court tha 
.the product be delivered to a charitable institution.
ABTHTJR M. HYDE, Secretary of Agriculture.