28459. Adulteration and misbranding of tomato puree.    U. S. v. Taormina Corpo¬
ration.    Plea  of  guilty.    Fine,  $25.    (F.  & D.  No.   39755.    Sample Nos. 
34659-C, 34667-C.)
This product was deficient in tomato solids.
On August 10, 1937, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Taormina Corporation, trading at 
New Orleans, La., alleging shipment in violation of the Food and Drugs Act by 
the said defendant on or about March 19, 1937, from the State of Louisiana into 
the State of Mississippi, of quantities of tomato puree which was adulterated 
and misbranded. The article was labeled in part: (Cans) "Buffalo Brand 
Tomato Puree * * * Packed by Taormina Corp. New Orleans, La. Donna, 
Texas"; (cases, one shipment) "Tomato Puree."
It was alleged to be adulterated in that a product deficient in tomato solids 
had been substituted for tomato puree, which it purported to be.
It was alleged to be misbranded in that the statements borne on the labels, 
"Tomato Puree" and "Puree Di Pomidoro," were false and misleading and were 
borne on the labels so as to deceive and mislead the purchaser, since they repre-
sented that the article was tomatotpuree; whereas it was not tomato puree but 
was a product deficient in tomato solids.
On December 9, 1987, a plea of guilty was entered and the defendant was 
sentenced to pay a fine of $25.
HABBY L. BROWN, Acting Secretary of Agriculture.