13743. Adulteration  and misbranding?  of tomato pa?te.     V.  S. v.  18  Ctt?fi
et al. of Tomato Paste.     Decrees of condemnation, and forfeiture. 
Product released nnder bond.     (F. & D. No. 19217.    I. S. No. 22665-T.
S. No. C-4548.)
On December 3, 1924, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying the seizure 
and condemnation of 100 cases of tomato paste, remaining in the original un- 
broken packages at New Orleans, La., alleging that the article had been 
shipped by the Greco Canning Co., Inc., from San Francisco, Calif., on or about 
October 11, 1924, and transported from the State of California into the State 
of Louisiana and charging adulteration and misbranding in violation of the- 
food and drugs act. The article was labeled in part: (Can) "De Luxe Con- 
centrated Tomato Sauce. Packed by Greco Canning Co. San Jose * * * 
Cal."
Adulteration of the article was alleged in the libels for the reason that a sub- 
stance, an artificially colored tomato paste or sauce, had been substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Concentrated 
Tomato Sauce," borne on the label, was false and misleading and deceived and: 
misled the purchaser when applied to a concentrated tomato sauce containing 
artificial color not declared on the label.
On December 29, 1924, the Greco Canning Co., Inc., San Jose, Calif., hav- 
ing appeared as claimant for the property and having admitted the allegations
of the libels, judgments of condemnation were entered, and it was ordered by 
the court that the product be released to the said claimant upon payment of the 
costs of the proceedings and the execution of bonds in the aggregate Sum of 
$750, in conformity with section 10 of the act, conditioned in part that it be 
relabeled by pusting stickers conspicuously placed on the labels bearing the 
statement "Artificially Colored." 

R. W. DUNLAP, Acting Secretary of Agriculture.