11976. Adulteration and misbranding of tomato sauce.   U. S. v. 42 Cases    *    *    *.
(F. D. C. No. 21668.    Sample No. 57228-H.)
LIBEL FILED :   November 21,1946, District of Massachusetts.
ALLEGED SHIPMENT: On or about June 11, 1946, by Grossi Brothers, from 
Chicago, Ill.
PRODUCT: 42 cases, each containing 48 10-ounce cans, of tomato sauce at 
Chicopee, Mass. The article was a slightly concentrated tomato product, with 
added salt but no added color.
LABEL IN PART: "Baby Brand Tomato Sauce Made from Whole Tomatoes 
Distributed by Uddo & Taormina Co. New Orleans, La. Crystal Springs, 
Miss."    Some of the cans bore the statement "Color Added."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), an unconcentrated, or 
slightly concentrated, unspiced, comminuted tomato liquid, with added salt, had 
been substituted in whole or in part for tomato sauce.
Misbranding, Section 403 (a), the label statement "Tomato Sauce" was 
false and misleading, and the label statement "Color Added," on some of the 
cans, was false and misleading as applied to an article containing no added 
color.
DISPOSITION: February 17, 1947. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to a charitable 
institution.