19963. Adulteration  and   Misbranding of   canned  tomato   paste.    U.   S.   v..
Bruno Bisceglia (Bisceglia Bros.). Plea of guilty. Fine, $20. 
(F. & D. No. 28080.    I. S. Nos. 28427, 30538.)
This action involved the interstate shipment of quantities of canned tomato 
paste, samples of which were found to contain undeclared artificial color.
On July 2, 1932, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against Bruno Bisceglia, a member of a copartnership trading as Bisceglia 
Bros., San Francisco, Calif., alleging shipment by said defendant, in part on 
or about November 4, 1930, and in part on or about April 21, 1931, in violation 
of the food and drugs act, from the State of California into the State of 
Massachusetts, of quantities of canned tomato paste that was adulterated and 
misbranded.    A portion of the article was labeled in part:  (Cans)  "Carmen
Brand Salsa Di Pomidoro Concentrate * * * Packed for C. Carbone, Somer- 
ville, Mass. Italian Style Tomato Paste." The remainder was labeled in 
part: (Cans) "Pastene Brand Tomato Paste * * * Packed for Pastene 
Products Co.    *    *   *   Boston."
It was alleged in the information that the article was adulterated in that 
an artificially colored product had been substituted for tomato paste, which 
the article purported to be.
Misbranding of the article was alleged for the reason that the statements, 
" Tomato Paste" and " Salsa Di Pomidoro Concentrate," with respect to a 
portion of the article, and the statements, " Tomato Paste " and " Salsa " with 
respect to the remainder, together with the design of red ripe tomatoes, appear- 
ing on the labels, were false and misleading; and for the further reason that 
the article was labeled as aforesaid so as to deceive and mislead the purchaser, 
since the said statements and design represented that the article was composed 
wholly of tomatoes, whereas it consisted in part of an undeclared added arti- 
ficial color. Misbranding was alleged for the further reason that the article 
was offered for sale and was sold under the distinctive name of another article, 
"Tomato Paste."
On July 25, 1932, the defendant, Bruno Bisceglia, entered a plea of guilty 
to the information, and the court imposed a fine of $20.
HENEY A. WATT,ACE, Secretary of Agriculture.