5957. Adulteration   and misbranding of  tomato  puree.     V.   S.  v.   137  Gases   of
Tomato Puree.    Default decree of condemnation and destruction.    (F. D.
C. No. 9497.   Sample No. 9589-F.)
LIBEL FILED :   March 5, 1943, Western District of Louisiana.
ALLEGED SHIPMENT: On or about February 4, 1943, by the Fink Co., Dallas, 
Tex.
PRODUCT: 137 cases, each containing 48 cans, of tomato puree at Lake Charles, 
La.
LABEL, IN PART : "Val-Tex Brand Tomato Puree Color Added * * * Packed 
By Lee Akin and Sons   Mission and McAUen Texas."
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of filthy substances by reason of the presence of vinegar fly 
eggs, vinegar fly maggots, larvae, and fly fragments.
Misbranding, Section 403 (g) (1), it purported to be and was represented 
as a food for which a definition and standard of identity has been prescribed 
by regulations promulgated pursuant to law, but it failed to conform to such 
definition and standard, since it contained artificial color, and the definition 
and standard does not provide for artificial color as an ingredient of tomato 
puree.
DISPOSITION: December 15, 1943. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.
MEAT AND MEAT PRODUCTS*