18799-. Adulteration and Misbranding of tomato paste. U. S. v. 178 Cases 
of Tomato Paste. Decree- of condemnation and forfeiture. Prod- 
uct released under bond. (P. & D. No. 26246. I. S. No. 28427. S. No. 
4561.)
Samples of canned tomato paste from the shipment herein described having 
been found to contain undeclared added color, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of Massa- 
chusetts.
On April 21, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 178 cases, each containing 100 tins of tomato paste, remaining 
in the original unbroken packages at Somerville, Mass., alleging that the article 
had been shipped by the California Conserving Co. (Inc.), San Francisco, 
Calif., from Oakland, Calif., on or about November 4, 1930, and had been trans- 
ported from the State of California into the State of Massachusetts, and charg- 
ing adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " Carmen Brand Italian Style Tomato Paste Con- 
centrated * * * Packed For C. Carbone Somerville, Mass. * * * Salsa 
Di Pomidoro."
It was alleged in the libel that the article was adulterated in that artificially 
colored tomato paste had been substituted for the said article.
Misbranding was alleged for the reason that the statements, " Tomato Paste " 
and " Salsa Di Pomidoro," and the design of red ripe tomatoes on the label, 
were false and misleading and deceived and misled the purchaser when applied 
to an article artificially colored. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of 
another article.
On July 31, 1931, William E. Clapp, Boston, Mass., having appeared as 
claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture 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 $1,450, conditioned in part that 
it should not be sold or otherwise disposed of contrary to the Federal food and 
drugs act or other existing laws. It was further ordered by the court that the 
product be relabeled under the supervision of this department.
AETHTJR M. HYDE, Secretary of Agriculture.