5694. Adulteration of tomato paste. U. S. ? * * v. 60 Cases * * ? of 
Tomato Paste. Consent decree of condemnation, forfeiture, and 
destruction.    Judgment  for  costs  entered.     (P.  &  D.  No.  7796.     I.  S.
No. 1819-m.    S. No. E-717.)
On October 25, 1916, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 60 cases, each containing 100 cans of tomato paste, remaining 
unsold in the original unbroken packages at New York, N. Y., alleging that 
the article had been shipped on or about September 29, 1916, by the G. J. 
Biondi Co., Inc., Oliffwood, N. J., and transported from the State of New 
Jersey into the State of New York, and charging adulteration in violation of 
the Food and Drugs Act. The article was labeled in part, "Eureka Brand 
Tomato Paste."
Adulteration of the article was alleged in substance in the libel for the 
reason that it consisted in particular, wholly or in part, of a decomposed 
vegetable substance.
On July 6, 1917, G. J. Biondi, Oliffwood, N. J., claimant, having consented 
to a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product should be destroyed by the United States 
marshal and that judgment be entered against said claimant for the costs of 
the proceedings.
0. F. MAEVIN, Acting Secretary of Agriculture.