2041. Adulteration and misbranding of tomato puree.     IT. S. v. 104 Cases of To¬
mato Puree.    Default decree of condemnation and destruction.     (F. D. C.
No. 3486.    Sample No. 35617-E.)
This product not only contained excessive mold, but also added artificial 
color; and it failed to conform to the definition and standard of identity 
for tomato puree.
On December 9, 1940, the United States attorney for the Eastern District 
of Louisiana filed a libel against 104 cases, each containing 100 cans, of 
tomato puree at New Iberia, La., alleging that the article had been shipped 
in  interstate  commerce   on or about  August  21,   1940,   by   Uddo   Taormina
Corporation from Crystal Springs, Miss.; and charging that it was adulterated 
and misbranded. It was labeled in part: (Cans) "Net Contents 4% Oz. Avoir. 
Baby Brand Tomato Puree."
The article was alleged to be adulterated (1) in that it consisted in whole 
or in part of a decomposed substance; (2) in that inferiority had been con- 
cealed by the addition of artificial color; and (3) in that artificial color had 
been added thereto or mixed or packed therewith so ^.s to make it appear 
better or of greater value than it was.
It was alleged to be misbranded in that it purported to be tomato puree, 
a food for which a definition and standard of identity had been prescribed 
by regulations as provided by law, and it did not conform to such definition 
and standard in that it contained less than 8.37 percent of salt-free solids, 
and artificial color.
On March 17, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.