Misbranding of macaroni. IT. S. v. 15 Cases of Macaroni. Default decree of con??
demnation and forfeiture. Product ordered sold. (F. & D. No. 5734. I. S. No.?
21527-h.    S. No. E-41.)
On May 23, 1914, the United States attorney for the District of Connecticut,?
acting upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district a libel for the seizure and condemnation?
of 15 cases of macaroni, remaining unsold in the original unbroken packages?
at Bridgeport, Conn., alleging that the product had been shipped on or about?
March 6, 1913, and transported from the State of New York into the State of?
Connecticut, and charging misbranding in violation of the Pood and Drugs Act.?
The product was labeled: " Economia Purezza Igiene Gragnano Style?Maca??
roni Factory Pastificio Elettrico Moderno."
Misbranding of the product was alleged in the libel for the reason that the?
labels upon the outside covers of said 15 cases of macaroni bore certain state??
ments, designs, and devices regarding said macaroni which were false and?
misleading, that is to say, said labels bore, in addition to the words on the?
ends thereof, pictorial representations of a modern factory building, messenger?
on bicycle -carrying a box of spaghetti, a body of water, smoke, a volcano, and?
on two sides said eases were labeled, " Irraggiungibile extra fine quality?
spaghetti," and on the top were labeled, " Preferite la pasta marca irrag??
giungibile gragnano style economia purezza igiene"; the use of the word?
macaroni" on the label without qualification being false and misleading in?
that when so used it is understood by the trade and public generally to mean?
macaroni without artificial coloring, whereas, in truth and in fact, the maca??
roni contained in said cases was colored with an artificial coal-tar dye in?
such a manner as to simulate the appearance of a high-grade macaroni; the use?
of the words "economia purezza igiene" on said labels, meaning thereby?
" inexpensive, pure, and hygienic," being false and misleading in that the?
macaroni contained in said cases was produced in New York City in a most?
unsanitary establishment, among filthy surroundings, and by workmen who?
were unclean in person and dress, and the labels being further false and mis??
leading in that they bore no indication that the macaroni was manufactured?
in New York City, and the inscriptions and general construction were Intended?
to be of such a character as to induce the purchaser to believe that the?
macaroni was of foreign origin, when, in truth and in fact, it was not so.
On September 3, 1914, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be sold by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, March 12, 1915.
168	
BUREAU  OF  CHEMISTRY.	
[Supplement 3.