S. No. 523.
E\ & D. No. 1397.	
Issued August 30, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 493, FOOD AND DRUGS ACT.
MISBRANDING OF SPAGHETTI.
On or about April 14, 1910, there were transported from the State?
of California to the State of Washington 275 cases of spaghetti, bear??
ing the following label: " Perfezionata Fabrica a Vapore Paste Ali??
ment are Uso Napoli Vexuvio Qualitia Superior Colorita L. NTunziato?
E. Figli, San Francisco." Examination of samples of this product?
made in the Bureau of Chemistry, United States Department of Agri??
culture, showed it to be misbranded within the meaning of the Food?
and Drugs Act of June 30, 1906. As it appeared from the findings of?
the analyst and report made that the product was liable to seizure?
under section 10 of the act, the Secretary of Agriculture reported the?
facts to the United States attorney for the Western District of Wash??
ington.
In due course a libel was filed in the District Court of the United?
States for said district against said 275 cases of spaghetti, charging?
the above shipment and alleging the product to be misbranded within?
the meaning of the act, in that the words of the label above set forth,?
and a representation thereon of Mount Vesuvius in eruption, gave the?
false and misleading impression that said food product was of foreign?
manufacture, when as a matter of fact said product was not of for??
eign manufacture.
On April 25, 1910, L. Nunziato & Son entered their appearance as?
owners of the product and confessed the allegations in the libel,?
whereupon the court entered a decree finding the product to be mis??
branded as alleged in the libel and condemning and forfeiting said?
product, with the proviso that the goods be released to the above-
52796??No. 493?10
mentioned claimants upon the payment of all costs of the libel pro??
ceedings and the filing of a bond conditioned that the product be not?
sold in violation of law. Said costs having been paid and a bond in?
the sum of $250 filed and approved, the product was released to the?
claimants.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C., June 25, 1910.
493