7142. Adulteration and Misbranding of egg noodles. U. S. * * * v. George 
A. Lehman & Co. Plea of g-uilty. Fine, $50. (P. & D. No. 9780. 
I.  S. Nos. 16158-p, 16415-p, 16423-p.)
On July 30, 1919, the United States attorney for the District of Oregon, acting 
upon a report by-the Secretary of Agriculture, tiled in the District Court of the 
United States for said district an information against George A. Lehman, 
trading as George A. Lehman & Co., Portland, Ore., alleging shipment by said 
defendant, in violation of the Food and Drugs Act, as amended, on December 
29, 1917, November 19, 1917, and February 17, 1918, from the State of Oregon 
into the States of Washington and California, of quantities of an article, labeled 
in part " Mrs. Schiel's Home Made Style Egg Noodles Geo. A. Lehman & Co. 
Portland, Oregon," which was adulterated and misbranded.
Examination of samples of the article by the Bureau of Chemistry of this 
department showed the following results:
Shipment     Shipment     Shipment
of Dec. 29,   of Nov. 19,   of Feb. 17,
1917. 1917. 1918.
Moisture   (percent) 
9.17 10.20 11.24
Ether extract  (percent) 
.86 1.31 1.50
Lecithin as P2O3 (per cent) 
.028 .018 .02
The average net weight of 10 packages from the shipment of 
November 19, 1917, which was labeled "8 ounces net weight when 
packed," and indistinctly stamped with rubber stamp " 6 ounces," 
was 6.16 ounces.
Adulteration of the article in each shipment was alleged in the information 
for the reason that a substance, to wit, an alimentary paste containing little or 
no egg, was substituted in whole for egg noodles, which the article purported 
to be.
Misbranding of the article in the shipment of December 29, 1917, and Febru- 
ary 17, 1918, was alleged for the reason that the statement, to wit, " Egg Noo- 
dles," borne on the box containing the article, regarding it and the ingredients 
and substances contained therein, was false and misleading in that it represented 
that the article was egg noodles, and for the further reason that it was labeled 
as aforesaid so as to deceive and mislead the purchaser into the belief that the
article was egg noodles, whereas, in truth and in fact, it was not, tout was an 
alimentary paste containing little or no egg.
Misbranding of the article in the shipment of November 19, 1917, was alleged 
for the reason that the statements, to wit, " Egg Noodles " and " 8 ounces net 
weight when packed," not corrected by the statement " 6 ounces/' indistinctly 
stamped with rubber stamp, borne on the box containing the article, regarding 
it and the ingredients and substances contained therein, were false and mislead- 
ing in that they represented that the article was egg noodles, and that said boxes 
contained 8 ounces net weight when packed, and for further feason that it was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that it was egg noodles, and that said boxes contained 8 ounces net when 
packed, whereas, in truth and in fact, it was not egg noodles, but was an ali- 
mentary paste containing little or no egg, and said boxes did not contain 8 
ounces net when packed, but contained a less amount. Misbranding of the 
artlde was alleged for the further reason that it was a food in package form, 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package. 
On August 4, 1919, the defendant entered a plea of guilty to the information,
and the court imposed a fine of $50.
E. D. BAIX, 
Acting Secretary of Agriculture.