28508. Adulteration and misbranding of tomato puree and misbranding of tomato
sauce. IT. S. v. 70 Cases of Tomato Puree and 146 Cases of Tomato 
Sauce. Decrees of condemnation. Products released under bond for 
relabeling.    (F. & D. Nos. 40299, 40300.    Sample Nos. 53415-C, 53416-C.)
The tomato puree was deficient in tomato solids and both products were 
short weight.
On September 20, 1937, the United States attorney for the Southern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 70 cases of tomato 
puree and 146 cases of tomato sauce at Houston, Tex., alleging that the article 
had been shipped in interstate commerce on or about July 25 and August 25 
and 27, 1937, from New Iberia, La., by B. F. Trappey's Sons, Inc., and charg- 
ing adulteration and misbranding of the tomato puree and misbranding of 
the tomato sauce in violation of the Food and Drugs Act. The articles were 
labeled respectively: "Trappey's Shield Label Spanish Style Tomato Sauce 
* * * Contents 8 Ozs."; "Trappey's Shield Label Brand Tomato Puree * * * 
Contents 4% Oz." Both products were labeled: "B. F. Trappey's Sons, Inc., 
Lafayette, La."
The tomato puree was alleged to be adulterated in that a substance defi- 
cient in tomato solids had been substituted for tomato puree, which the 
article purported to be. It was alleged to be misbranded in that the state- 
ments "Tomato Puree * * * Puree Di Pomidoro" were false and mislead- 
ing and tended to deceive and mislead the purchaser as applied to an article 
deficient in tomato solids.
Both products were alleged to be misbranded in that the statements "Con- 
tents 4% Oz." and "Contents 8 Ozs.," borne on the cans, were false and mis- 
leading and tended to deceive and mislead the purchaser since the cans con- 
tained less than the amounts declared; and in that they were food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the quantity stated was not correct.
On January 26, 1938, B. F. Trappey's Sons, Inc., claimant, having admitted 
that the products were misbranded, judgments of condemnation were entered 
and the products were ordered released under bond conditioned that they be 
relabeled.
HARRY L. BEOWN, Acting Secretary of Agriculture.