12311. Adulteration  and  misbranding:  of  spaghetti   and   macaroni.     U.   S.
v. lO Boxes of Spaghetti and 10 Boxes of Macaroni. Default 
decree of condemnation, forfeiture, and sale. (F. & D. Nos. 18281, 
18283.    I. S. Nos. 12104-v, 12106-v.    S. No. W-1470.)
On February 2, 1924, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure 
and condemnation of 10 boxes of spaghetti and 10 boxes of macaroni remaining 
in the original unbroken packages at Raton, N. M., alleging that the articles 
had been shipped by the Queen City Macaroni Mfg. Co. from Denver, Colo., on 
or about January 5, 1924, and transported from the State of Colorado into the 
State of New Mexico, and charging adulteration and misbranding in violation of 
the food and drugs act as amended. The spaghetti was labeled in part: 
" Golden West Brand Spaghetti Manufactured And Guaranteed By Queen City 
Macaroni Manufacturing Co. * * *" (Rubber Stamp) "5 Lbs Net." The 
macaroni was labeled in part: " Golden West Brand Macaroni * * * Queen 
City Macaroni Manufacturing Co."
Adulteration of the articles was alleged in substance in the libel for the 
reason that excessive moisture had been mixed and packed with and substituted 
wholly or in part for the said articles.  
Misbranding was alleged for the reason that the statements, " Spaghetti" 
and " Macaroni," appearing in the labelings of the respective products, were
false and misleading and were intended to deceive and mislead the purchaser. 
Misbranding was alleged with respect to the said spaghetti for the further 
reason that the quantity of the contents was not plainly and specifically marked 
on the outside of the package.
On April 10, 1924, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be sold by the United States marshal.
HOWABD M. GOEE, Acting Secretary of Agriculture.