25154. Adulteration of tomato paste.     U. S. v. 24 Cases of Tomato Paste.     De¬
fault  decree  of condemnation,  forfeiture, and destruction.    (F.  & D.
no. 35800.    Sample no. 26883-B.)
Samples of tomato paste from the shipment involved in this action having 
been found to contain worm debris, the Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District' of New York.
On August 5, 1935, the United States attorney filed in the district court a 
libel praying seizure and condemnation of 24 cases of tomato paste at Brooklyn, 
N. Y., alleging that the article had been shipped in interstate commerce on or 
about July 13, 1935, by the Howard Terminal, Oakland, Calif., from Oakland, 
Calif., to Brooklyn, N. Y., and charging adulteration in violation of the Food 
and Drugs Act. The article was labeled in part: (Cans) "Contadina Brand 
Tomato Paste Net Weight 6 Lbs. 6 oz. Prepared from Fresh Ripe Tomatoes 
Harmless color and Sweet Basil Packed by Hershel California Fruit Products 
Company San Jose, Calif."
It was alleged in the libel that the article was adulterated in that it con- 
sisted wholly or in part of a filthy vegetable substance.
On September 23, 1935, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. R. GREGG, Acting Secretary of Agriculture.