26039. Misbranding of tomato paste. U. S. v. SOS Cases of Tomato Paste. Con- 
sent decree of condemnation. Product released under bond to be 
relabeled.     (F. & D. no. 87459.    Sample no. 52096-B.)
This case involved a shipment of tomato paste that was a product of Califor- 
nia, whereas the label gave the impression that it was of foreign origin.
On March 27, 1936, the United States attorney for the Western 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 808 cases of tomato 
paste at Buffalo, N. Y., alleging that the article had been shipped in interstate 
commerce on or about November 18,1935, by Flotill Products, Inc., from Stockton, 
Calif., and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Fabrica ii Conserve Alimentary * * * Marca 
La Tosca (Naples Style) Made in U. S. A., Natural Pure Tomato Paste (Italian 
Style Produce) Salsa With Sweet Basil Sole Distributors for U. S. and Canada 
A. & C. Buscaglia Co. Inc., Buffalo, N. Y."
The article was alleged to be misbranded in that the statements on the 
label, "Fabrica ii Conserve Alimentary * * * Marca La Tosca * * * 
Italian Style Produce * * * Salsa * * * Sole Distributors for U. S. 
and Canada", were misleading and tended to deceive and mislead the pur- 
chaser when applied to a product of California, in that they created the im- 
pression in the mind of the purchaser that the product was of Italian origin and 
this impression was not corrected by the statement "Made in U. S. A.", which 
appeared near the bottom of the main panel of the label in such small type 
that it was not readily observed.
On May 21, 1936, the A. & B. Buscaglia Co., Inc., Buffalo, N. Y., claimant, 
having admitted the allegations of the libel and having consented to a decree, 
Judgment of condemnation was entered and it was ordered that the product 
be released under bond conditioned that it be relabeled under the supervision 
of this Department.
W. R. GREGG, Acting Secretary of Agriculture.