4648. Adulteration of tomato paste.    U. S. v. West Coast Pecans Co.    Plea of
nolo contendere. Fine, ST5. (F. D. C. No. 7686. Sample Nos. 72641-B. 
81548-B, 89090-E, 12902-F.) ,.
On November 14, 1942, the United States attorney for the Southern District 
of California filed an information against the West Coast-Packing Co., a 
corporation, Long Beach, Calif., alleging shipment in the period from on or about 
October 28 to December 5, 1941, from the State of Calif okra into the States of 
Colorado and. New York of quantities of tomato paste that was adulterated in 
that it consisted in whole or in part of a decomposed substance. The informa- 
tion alleged further that the defendant on or about July 9,1941, gave to Bireley's 
Inc., at Hollywood, Calif., a guaranty that all food sold under a contract entered 
into on that day would be neither adulterated nor misbranded in violation of 
the Federal Food, Drug, and Cosmetic Act* that on or about May 22, 1942, the 
defendant sold and delivered to Bireley's Inc., in the name of the Italian Food
Products Co., Inc., a quantity of tomato paste; that on or about June 15 and 
July 8, 1942, quantities of the tomato^ paste.so guarantied were shipped by the, 
purchaser from the State of California into'the State of Oregon; and charged 
that by such acts the defendant had given a guaranty that was false since the 
tomato paste so sold and delivered and shipped in interstate commerce Was 
adulterated in that it consisted in whole or in part of a decomposed substance. 
The article was labeled in part:   "Campania Brand   *    *    *   Tomato Paste
* * * Packed * * * By Italian Food Products Co., Inc."; "Appetit 
Brand * * * Tomato Paste * * * Distributors J. Ossola Co. New 
York, N. Y."; "Tomato Paste * * * Bireley's * * * Paste for Tomato 
Cocktail   *   *   *   Packed for Bireley's Inc., Hollywood, Calif."
On January 18, 1943, the defendant entered a plea of nolo contendere and the 
court imposed a fine of $75.