18703. Alleged Adulteration of spaghetti and macaroni. U. S. v. 9 Cases of Spaghetti, et al. Cases dismissed at cost of tbe Government. (F. & D. Nos. 26153, 26154. I. S. Nos. 6797, 6798, 6799. S. Nos. 4464, 4465.) Examination of samples of spaghetti and macaroni from the shipments herein described having shown that the articles contained undeclared artificial color, the Secretary of Agriculture reported the matter to the United States attorney for the Southern District of Alabama. On April 1, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid libels praying seizure and con- demnation of 9 cases of spaghetti and 34 cases of macaroni at Mobile, Ala., alleging that the articles had been shipped by J. Cusimano & Co., from New Orleans, La., in part on or about October 1, 1930, and in part on or about January 14, 1931, and had been transported from the State of Louisiana into the State of Alabama, and charging adulteration in violation of the food and drugs act. The articles were labeled in part: "Patriot Brand Spaghetti [or "Macaroni"] Mfd. by J. Cusimano, New Orleans, La., Yellow Spaghetti [or "Macaroni"]." It was alleged in the libels that the articles were adulterated in that they were colored in a manner whereby inferiority was concealed. On July 16, 1931, the cases having come on to be heard on motion of Taylor Lowenstein & Co., Mobile, Ala., claimant, and the court having found that the articles were intended for and were plainly marked for export, that the coloring matter had been added in accordance with the instructions of the foreign pur- chaser, that none of the goods were sold or offered for sale for domestic con- sumption, and that there was no law of the country to which the goods were to be exported prohibiting the addition of coloring matter, it was ordered by the court that the cases be dismissed at the costs of the United States. AETHXJE M. HYDE, Secretary of Agriculture.