1004T. Misbranding of alimentary pastes. U. S. * * * v. 26 Cases and?
189 Cases of Alimentary Pastes. Consent decrees of condemna??
tion and forfeiture.     Prodncts released under bond.     (F.  & D. No.
14964.    I. S. Nos. 10521-t, 10522-t.    S. Nos. W-956, W-958.)
On June -7, 1921, the United States attorney for the District of Nevada, act??
ing upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district libels for the seizure and condemna??
tion of 26 cases and 189 cases of alimentary pastes, at Reno, Nev., alleging?
that the articles had been shipped by the Roma Macaroni Factory, San Fran??
cisco, Calif., on or about May 2 and 13, 1921, respectively, and transported?
from the State of California into the State of Nevada, and charging mis??
branding in violation of the Food and Drugs Act, as amended.
Misbranding of the articles was alleged in substance in the libels for the?
reason that they were food in package form, and the quantity of the con??
tents was not plainly and conspicuously marked on the outside of the packages.?
Misbranding was alleged in substance for the further reason that the respec??
tive articles were imitations of, and were offered for sale under the distinc??
tive names of, other articles, in that the said articles were alimentary pastes?
made from flour. Misbranding was alleged in substance with respect to cer??
tain lots of the articles for the further reason that the respective statements,?
" Net weight 50 pounds," " Net weight 40 pounds," " Net weight 25 pounds,"?
or " Net weight 20 pounds," borne on the cases containing the said lots, de??
ceived and misled the purchaser into the belief that each of the said cases?
contained 50 pounds, 40 pounds, 25 pounds, or 20 pounds, as the case might?
be, of the respective articles, whereas, in truth and in fact, each of the said?
cases did not contain the amount stated on the said cases but did contain a?
less amount. Misbranding was alleged in substance with respect to a portion?
of the said articles for the further reason that the statement on the label of?
the case containing the same, to wit, " Semolina," was false and misleading?
in that the contents of the said cases was not Semolina, but consisted in part?
of alimentary paste artificially colored.
On August 27, 1921, the Roma Macaroni Factory, San Francisco, Calif.,?
claimant, having consented to a decree, judgments of condemnation and for??
feiture were entered, and it was ordered by the court that the products be?
released to said claimant upon payment of the costs of the proceedings and?
the execution of bonds in the aggregate sum of $1,500, in conformity with?
section 10 of the act.
C. W. PITGSLEY, Acting Secretary of Agriculture.