NOTICE OF JUDGMENT NO. 2536.
(Given pursuant to section 4 of the Food and Drugs Act.)
XT.  S.  v.  Poleti,  Coda  & Renecchi  (Inc.).     Plea  of guilty.    Fine, $100.
ADULTERATION AND MISBRANDING OF MACARONI.
On February 28, 1913, the United States Attorney for 'the South- 
ern District of New York, acting upon a report by the Secretary' oi 
Agriculture, filed in the District Court of the United States for said 
district an information against Poleti, Coda & Eebecchi (Inc.), a 
corporation, New York, N. Y., alleging the shipment by said com- 
pany, in violation of the Food and Drugs Act, on October 16, 1911, 
from the State of New York into the State of Massachusetts of a 
quantity of macaroni which was adulterated and misbranded. The 
product bore a label in the Italian language, which translated reads 
as follows: " Viacava Premium Paste factory Special Gluten Paste 
Italian Patent Trade Mark pastes and pastullas with eggs Patented 
Hygienic mechanical system."
An analysis of a sample of the product by the Bureau of Chem- 
istry of this Department showed the following results: Color, Naph- 
thol Yellow S, S and J number 4; nitrogen, 2.40 per cent; protein 
(6.25), 15.00 per cent; lecithin P205, 0.0198 per cent; moisture, 11.38 
per cent; ether extract (unpurified), 1.125 per cent. Adulteration 
of the product was alleged in the information for the reason that 
another substance, to wit, a paste made from ordinary wheat flour 
and artificially colored, was mixed and packed with the product 
so as to reduce, lower, and injuriously affect its quality and strength, 
and further, in that a substance, to wit, a paste made from ordinary
10453°—No. 2536—13
wheat flour, artificially colored, was substituted wholly for the genu- 
ine article, gluten paste with egg; and, further, in that said product 
was colored with a yellow coal-tar dye so as to resemble the appear- 
ance of egg in such a manner as to conceal the inferiority of the 
product. Misbranding was alleged for the reason that the label set 
forth above regarding the product and the ingredients and substances 
contained therein was false and misleading, and said product was 
labeled so as to deceive and mislead the purchaser thereof, in that 
the label would indicate that the article was a paste made from a 
flour containing a large amount of gluten, whereas, in truth and 
in fact, it was made from ordinary wheat flour; and further, in that 
said label would indicate that the product contained a substantial 
amount of egg, whereas, in truth and in fact, it contained practically 
no egg; and further, in that the article purported to be a foreign 
product, to wit, a product of Italy, whereas, in truth and in fact, 
it was a domestic product.
On March IT, 1913, the defendant company entered a plea of guilty 
to the information and the court imposed a fine of $100.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, August 25, 1913.
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