19234. Misbranding1 of tomato paste.    V. S. v. 15,250 Cans, et al., of Tomato
Paste.    Product ordered released under bond.     (F. & D. Nos, 26134, 
26135.    I. S. Nos. 17514, 17515.    S. No. 4446.)
Sample cans of tomato paste from the shipment herein described having 
been found to contain less than the declared weight, the Secretary of Agri- 
culture reported the matter to the United States attorney for the Southern 
District of Texas. '
On April 28, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid libels praying seizure and condemna- 
tion of 24,750 cans of tomato paste,, remaining in the original packages at 
Houston, Tex., alleging that the article had been shipped by F. G. Favaloro 
Sons (Inc.), from Georgetown, Miss., on or about June 18, 1930, and had been 
transported from the State of Mississippi into the State of Texas, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: "Net Contents 5 Oz. Indian Girl Brand Color Added 
Tomato Paste Salsa Di Pomidoro Packed by F. G. Favaloro Sons, Inc., Packed 
in Georgetown, Miss."
It was alleged in the libels that the article was misbranded in that the state- 
ment " Net Contents 5 Oz.," borne on the label, deceived and misled the pur- 
chaser as to the correct weight of the contents of the said cans, since the 
average net weight of the contents of the cans was less than 5 ounces. Mis- 
branding was alleged for the further reason that the article was in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package, since the can label bore the statement " Net 
Contents 5 Oz.," whereas the average weight of the contents of the said cans 
was less than 5 ounces.
The F. G. Favaloro Sons (Inc.), New Orleans, La., entered an appearance 
and filed motions to quash the libels, which motions were argued on June 6, 
1931, and taken under advisement by the court. On November 2, 1931, the 
court having overruled the motions to quash, decrees were entered finding the 
material allegations of the libels to be true and ordering that the product be 
released to the claimant upon payment of costs and the execution of bonds 
totaling $1,200, conditioned in part that it should not be sold or otherwise 
disposed of contrary to the laws of the United States or of any State, Territory, 
district, or insular possession.
ARTHUR M. HYDE, Secretary of Agriculture.