6985. Misbranding of macaroni. V. S. * * * v. Sararesc Macaroni Co., a?
corporation. Plea of guilty. Fine, $75 and costs. (F. & D. No. 9505.?
I. S. No. 1689-p.)
On February 27, 1919, the United States attorney for the District of Mary??
land, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district an information against the Sava-?
rese Macaroni Co., a corporation, Baltimore, Mel., alleging shipment by said?
company, in violation of the Food and Drugs Act, as amended, on or about?
December 6, 1917, from the State of Maryland into the State of New York, of?
a quantity of an article, labeled in part " Savoy Brand Macaroni, Contents?
10 ozs.," which was misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed the average net weight of 24 packages to be 8.83 ounces, and?
the average net shortage 11.7 per cent.
Misbranding of the article was alleged in the information for the reason?
that the label bore a statement regarding the article and the ingredients and?
substances contained therein, to wit, " Contents 10 ozs.," which said statement?
was false and misleading in that the packages did not contain 10 ounces of?
macaroni, but contained a less amount thereof, and for the further reason?
that it was labeled and branded as aforesaid so as to deceive and mislead the?
purchaser into the belief that said packerges contained 10 ounces of macaroni,?
whereas, in truth and in fact, they did not contain 10 ounces of macaroni, but?
contained a less amount thereof. Misbranding of the article was alleged for?
the further reason that it was food in package form, and the quantity of food?
contained in said packages was less than 10 ounces, and said quantity of food?
so contained therein was not plainly and conspicuously marked on the outside?
of the packages in terms of weight, measure, or numerical count.
On February 27, 1919, the defendant company entered a plea of guilty to the?
information, and the court imposed a fine of $75 and costs.
E. D. BALL, Acting Secretary of Agriculture.