16888. Misbranding of tomato paste. TJ. S. v. 23 Cases of Tomato Paste. Decree of condemnation and forfeiture. Product released under bond. (F. & D. No. 24181. I. S. No. 022297. S. No. 2408.) On October 25, 1929, the United States attorney for the Eastern District of Pennsylvania, 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 23 cases of tomato paste, remaining in the original un- broken packages at Chester, Pa., consigned by the Davis Canning Co., Laurel, Del., alleging that the article had been shipped from Laurel, Del., on or about October 2, 1929, and transported from the State of Delaware into the State of Pennsylvania, and charging misbranding in violation of the food and drugs act. Misbranding of the article was alleged in the libel for the reason that the statement " Salsa di Pomidoro '* * * Pure Tomato Paste," borne on the label, was false and misleading and deceived and mislead the purchaser in that the said statement represented that the article was made solely from tomatoes, whereas it contained added coloring, cochineal, which was undeclared upon the label. On December 4, 1929, the Chester Wholesale Grocery Co., Chester, Pa., having appeared as claimant for the property, judgment of condemnation and for- feiture was entered, and it was ordered by the court that the product be released to the said claimant upon payment of costs and the execution of a bond in the sum of $500, conditioned in part that it be relabeled under the super- vision of this department. AETHUE M. HYDE, Secretary of Agriculture.