10322. Adulteration and misbranding of canned tomatoes and Adulteration of
tomato puree and tomato paste. U. S. v. 161 Cases of Canned Tomatoes 
(and 3 other seizure actions against tomato puree and tomato paste). 
Decrees of condemnation. Portion of products ordered released under 
bond; remainder ordered destroyed. (F. D. C. Nos. 15706, 18706, 19000, 
19673.    Sample Nos. 5606-H, 7322-H, 7368-H, 8150-H.)
LIBELS FILED : March 26,1945, and January 2 and 22 and April 16,1946, Eastern 
District of New York and District of New Jersey.
ALLEGED SHIPMENT : On or about November 2,1944, andiOctober 23 and November 
9 and 20,1945, by the Califruit Canning Co., from Manteca, Calif.
PRODUCT: 161 cases, each containing 24 cans, of tomatoes, 800 cases, each con- 
taining 6 No. 10 cans, of tomato puree, and 429 cases, each containing 96 6- 
ounce cans, of tomato paste at Newark, N. J.; and 32 cases, each containing 
48 10 ounce cans, of tomato puree at Brooklyn, N. Y. The canned tomatoes 
were a mixture of unpeeled pear-shaped tomatoes and tomato puree. Exami- 
nation showed that all three of the products contained decomposed tomato 
material.
LABEL IN PART:    "Enrico Caruso Brand [or "Valia Brand"] Tomato Paste," or 
"Lulu Brand   Extra Heavy   Tomato Puree."    The canned tomatoes and one k 
lot of tomato puree were marked "unlabeled."  No written agreement existed as 
to the labeling of the canned tomatoes.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted 
in whole or in part of decomposed substances.
Misbranding (canned tomatoes), Section 403 (e), the article failed to bear 
a label containing the name and place of business of the manufacturer, packer, 
or distributor, and an accurate statement of the quantity of the contents; and, 
Section 403 (i) (1), the label of the article failed to bear the common or usual 
name of the food.
the lots of tomato puree, judgments of condemnation were entered and the 
product was ordered destroyed. On March 20 and May 29, 1946, the Caruso 
Products Distributing Corporation, claimant for the lots of canned tomatoes 
and tomato paste at Newark, having admitted the allegations of the libels, 
judgments of condemnation were entered and it was ordered that the portions 
of both products fit for human consumption be segregated and labeled so as to 
comply with the law, under the supervision of the Food and Drug 
Administration.