22763. Adulteration of tomato sauce.    U. S. v. 575 Cases, et al., of Tomato
Sauce. Default decrees of condemnation, forfeiture, and destruc- 
tion. , (F. & D. nos. 32328, 32449, 32450, 32451, 32615. Sample nos. 65874-A, 
68669-A. 68679-A, 68680-A, 68681-A.)
These cases involved shipments of tomato sauce that contained mold.
On March 15, March 29, March 30, and April 28, 1934, the United States 
attorney for the Western District of Tennessee, acting upon reports by the 
Secretary of Agriculture, filed in the district court libels praying seizure and 
condemnation of 1,093 cases of canned tomato sauce at Memphis, Tenn., alleg- 
ing that the article had been shipped in interstate commerce, in part on or 
about January 11, 1934, by the Beach Packing Co., and in part on or about 
February 8, 1934, by the California Sea Food Co., from Los Angeles, Calif., 
and charging adulteration in violation of the Food and Drugs Act. The article 
was labeled in part:  (Can)  "El Trono Brand Spanish Style Tomato Sauce
* *    *   Packed by Beach Packing Co., Cannery Newport Beach, Calif."
It was alleged in the libels that the article was adulterated in that it 
consisted in whole or in part of a decomposed vegetable substance.
On June 28, 1934, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.