16683. Adulteration  and Misbranding of tomato paste,     tl.  S. v. l>a Sieri
Heights   Canning   Co.     Plea   of   guilty.     Fine,   $350.     (F.   &   D.   N
22599.    I.  S. Nos. 20337-x, 20338-x, 23421-x,  24005-x, 24006-x.)
On April 5, 1929, the United States attorney for the Southern District < 
California, acting upon a report by the Secretary of Agriculture, filed in tl 
District Court of the United States for said district an information again 
the La Sierra Heights Canning Co., a corporation, Arlington, Calif., allegii 
shipment by said company, in violation of the food and drugs act, in varioi 
consignments, on or about September 28, 1927, and January 10, 1928, from tl 
State of California into the State of Pennsylvania, on or about November 
and November 17, 1927, respectively, from the State of California into the Sta 
of New York, and on or about December 16 and December 29, 1927, respe 
tively, from the State of California into the State of Louisiana, of quantiti 
of tomato paste, which was adulterated and misbranded. The article w 
labeled in part: "Naples Style Tomato Paste (or "Liberta' Brand Toma 
Paste ")    *    *    *    Packed By La Sierra Heights Canning Co., Arlington, Ca
It was alleged in the information that the article was adulterated in th 
a substance, to wit, an artificially colored tomato paste, had been substitut 
for tomato paste, which the said article purported to be.
Misbranding was alleged for the reason that the statement, to wit, "Toma 
Paste," borne on the label attached to the cans containing the article, was fal 
and misleading in that the said statement represented that the article cc 
sisted wholly of tomato paste, and for the further reason that it was labeled 
aforesaid so as to deceive and mislead the purchaser into the belief that 
consisted wholly of tomato paste, whereas it did not so consist but did cons 
in part of undeclared artificial color.
On April 26, 1929, a plea of guilty to the information was entered on beh; 
of the defendant company, and the court imposed a fine of $350.
ARTHUR M. HYDE, Secretary of Agriculture