20838. Adulteration and Misbranding of tomato paste. U. S. v. 243 Cases, 
et al., of Tomato Paste. Decrees of condemnation entered. 
Portion of product released under bond to be relabeled. Re- 
mainder destroyed. (F. & D. nos. 28008, 28401, 28402, 28406. Sample 
nos. S. 6063, 7341-A, 7397-A.)
These cases involved several shipments of a product represented to be canned 
tomato paste, but which consisted of a strained tomato product insufficiently 
concentrated to be designated as tomato paste. Sample cans taken from 
two of the lots also were found to contain less than the declared weight, 
5 ounces.
On April 13, 1932, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
District Court a libel praying seizure and condemnation of 243 cases of tomato 
paste at New Orleans, La. On June 16, 1932, libels were filed in the Southern 
District of Mississippi against 75 cases of tomato paste at Jackson, Miss., 
and on the same date a libel was filed in the Western District of Louisiana 
against 43 cases of the product at Lake Charles, La. It was alleged in the 
libels that the article had been shipped in interstate commerce, by F. G. 
Favoloro Sons, Inc.; that certain of the lots had been shipped on or about 
December 30, 1930, and May 6, 1932, from Baltimore, Md., into the State of 
Louisiana, and that the remainder had been shipped on or about April 18, 
1932, from New Orleans, La., into the State of Mississippi, and that it was 
adulterated and misbranded in violation of the Food and Drugs Act as amended. 
The articles was labeled in part: "Cowboy Brand Tomato Paste, Contents 
5 Ounces [or "Carmela Brand Color Added Tomato Paste, Net Weight 5 
Ounces"] * * * Packed by F. G. Favoloro Sons, Inc. Harrington, Del. 
[or " New Orleans, La."]."
It was alleged in substance in the libels that the article was adulterated in 
that an insufficiently concentrated tomato product had been substituted for the 
article.
Misbranding was alleged for the reason that the statement " Tomato Paste ", 
borne on the labels, was false and misleading and deceived and misled the 
purchaser, and for the further reason that the article was offered for sale 
under the distinctive name of another article. Misbranding was alleged with 
respect to the product libeled in the Eastern and Western Districts of Louisiana 
for the further reason that the statements, " Net Weight 5 Ounces " or " Con- 
tents 5 Ounces ", were false and misleading and deceived and misled the pur- 
chaser, and for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package, since the statement made was incorrect.
On November 16, 1932, F. G. Favoloro Sons, Inc., New Orleans, La., having 
appeared as claimant for the product seized in the Western District of Louisi- 
ana, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the claimant upon payment of 
costs and the execution of a bond in the sum of $250, conditioned that it be 
relabeled.   On April 5, 1933, no claim having been made for  the property
seized at Jackson, Miss., judgments were entered ordering that the product 
be condemned and destroyed. On June 19, 1933, a decree was entered in the 
Eastern District of Louisiana, condemning the product and ordering its re- 
lease to the claimant, F. G. Favoloro Sons, Inc., under bond in the sum of 
$1,500, conditioned that it be properly relabeled.
R. G. TUGWELL, Acting Secretary of Agriculture.