25246. Adulteration of   tomato   paste.     17.   S.   v.   270   Cases   of  Tomato   Paste.
Default decree of condemnation and destruction.     (F. & D. no. 35696. 
Sample no. 33928-B.)
This case involved a product which contained filth resulting from worm 
infestation.
On July 3, 1935, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 270 cases of tomato 
paste at Chicago, Ill., alleging that the article had been shipped in interstate 
commerce on or about October 10, 1934, by the Hershel California Fruit Products 
Co., from San Jose, Calif., and charging adulteration in violation of the Food 
and Drugs Act. The article was labeled in part: (Can) "Contadina Brand 
Tomato Paste * * * Packed by Hershel California Fruit Products Company 
San Jose, Calif."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy vegetable substance.
On October 4, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.