17177. Adulteration and Misbranding of noodles.    U. S. v. 30 Cases of Egg
Noodles.    Default   decree  of  condemnation,  forfeiture,  and   de- 
struction.    (F. & D. No. 23789.    I. S. No. 07278.    S. No. 2007.)
On June 27, 1929, the United States attorney for the District of Arizona, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 30 cases of egg noodles, remaining in the original unbroken 
packages at Phoenix, Ariz., alleging that the article had been shipped by Haas 
Baruch & Co., from Los Angeles, Calif., in various consignments, on or about 
January 15, January 31, and March 29 (14), 1929, respectively, and transported 
from the State of California into the State of Arizona, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
labeled in part: (Cases) " Mrs. Weber's Egg Noodles Los Angeles, Calif. Fine " 
(or "Wide" or "Assorted") ; (carton) "Mrs. Weber's Trade Mark Fine (or 
"Wide") Egg Noodles * * * Mrs. J. H. Weber * * * Los Angeles, 
Cal."
It was alleged in the libel that the article was adulterated in that a valuable 
constituent, namely, egg solids, had been wholly or in part abstracted, and in 
that the article was colored in a manner whereby damage or inferiority was 
concealed.
Misbranding was alleged for the reason that the statement, " Egg Noodles " 
?was false and misleading and deceived and misled the purchaser, and for 
the further reason that the article was offered for sale under the distinctive 
name of another article.
On July 31, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.