25294. Adulteration of tomato paste.    IT. S. v. 87 Cases of Tomato Paste.    De¬
fault   decree   of   condemnation   and   destruction.     (F.  &  D.   no.   35665. 
Sample no. 35784-B.)
This case involved a shipment of tomato paste that contained filth resulting 
from worm and insect infestation.
On June 28, 1935, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 87 cases of tomato paste at Denver, 
Colo., consigned by F. E. Booth Co., Inc., Pittsburg, Calif., alleging that the 
article had been shipped in interstate commerce on or about May 29, 1935, from 
Pittsburg, Calif., into the State of Colorado and charging adulteration and vio- 
lation of the Food and Drugs Act. The article was labeled in part: (Can) 
"Booth's Crescent Brand California Concentrated Tomato Paste * * * 
Packed by F. E. Booth Co. General Offices San Francisco, California."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy vegetable substance.
On November 19, 1935, the case having been called and the sole iutervenor 
having failed to appear, judgment of condemnation was entered and it was 
ordered that the product be destroyed.
R. G. TUGWELL, Acting Secretary of Agriculture.