23174. Adulteration and misbranding of tomato paste.    U. S. v. 618 Cases
of Tomato Paste.    Product ordered  released under bond for re- 
labeling.    (F. & D. no.  33122.    Sample no.  63332-A.)
This case involved a shipment of tomato paste which was labeled to convey 
the impression that it was of foreign origin and had been manufactured from 
Italian type pear-shaped tomatoes, but which consisted of tomato paste of do- 
mestic manufacture, made from round tomatoes.
On July 30, 1934, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 618 cases of 
tomato paste at New York, N. Y., alleging that the article had been shipped 
in interstate commerce, on or about June 29, 1934, by the Harbor City Food 
Corporation, of Harbor City, Calif., from Los Angeles, Calif., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: (Can) "Dias Brand Tomato Paste * * * 
[design of pear-shaped tomatoes] Salsa Di Pomidoro * * * Sclafani 
Bros. Brooklyn, N. Y., Distributors."
The article was alleged to be adulterated in that a domestically manu- 
factured tomato paste, made from ordinary round tomatoes, had been sub- 
stituted for foreign tomato paste made from Italian type pear-shaped tomatoes.
Misbranding was alleged for the reason that the article purported to be 
a foreign product when not so, and for the further reason that the design 
of Italian pear-shaped tomatoes, borne on the label, was false and misleading 
when applied to tomato paste made from round tomatoes.
On October 16, 1934, Sclafani Bros., Brooklyn, N. Y., claimants, having ad- 
mitted the allegations of the libel and having consented to the entry of a 
decree, judgment was entered ordering that the product be released to the 
claimants, under bond, conditioned that the labels be removed and that 
new correct labels be affixed.
M. L. WILSON, Acting Secretary of Agriculture.