25776. Misbranding and alleged Adulteration of macaroni products . U. S. v.
1,000 Cases of Macaroni Products. Consent decree of condemnation 
and forfeiture for misbranding, providing for release of the product 
to t*,e claimant for relabeling.     (F. & D. no. 37076.     Sample no. 44722-B.)
It was charged that this product was a substitute for what it purported to 
be and that its label bore an erroneous statement concerning an essential 
ingredient
On or about January 16, 1936, the United States attorney for the Western 
District of Kentucky, acting upon a report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 1,000 
cases of macaroni products at Louisville, Ky., alleging that the article had 
been shipped in interstate commerce on or about January 4, 1936, from New 
Cumberland, Pa., to Louisville, Ky., and charging adulteration and misbranding 
In violation of the Food and Drugs Act. The shipment in question was a 
returned shipment to the original consignee, namely, the Kentucky Macaroni 
Co., Louisville, Ky. The article was labeled in part: (Case) "Okay Brand 
Macaroni Products Nothing Cheap but the Price Kentucky Macaroni Co., 
Louisville, Ky Made from bard wheat flour Net weight 20 Lbs."
Adulteration of the product was charged under the allegation that a sub- 
stance containing an excessive amount of ash was substituted for what the 
product purported to be, namely, macaroni made from hard wheat flour.
Misbranding of the product was charged under the allegations that the label 
bore the statement, "Macaroni * * * Nothing Cheap But the Price Made 
from Hard Wheat Flour", and that the said statement was false and mislead- 
ing and tended to deceive and mislead the purchaser.
On March 13, 1936, the Kentucky Macaroni Co., Louisville, Ky., having 
appeared as claimant, a consent decree of condemnation and forfeiture for 
Misbranding ofly was entered, providing for release of the product to the 
claimant for relabeling.
W. R. GEEGQ, Acting Secretary of Agriculture.