25924. Adulteration   and misbranding of   macaroni   and   spaghetti.     U.   S.   v.
Western  Macaroni  Manufacturing Co., a corporation.     Plea of guilty. 
Fine, $33.     (F. & D. no. 36995.    Sample nos. 35817-B, 35818-B, 35819-B.)
This case involved shipments of a product made of wheat flour and added 
yellow artificial color, naphthol yellow S, that had been substituted for high- 
grade semolina and that concealed inferiority.
On April 11, 1936, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against the Western Macaroni Manufacturing Co., a corporation, 
Salt Lake City, Utah, alleging that on or about April 10, 1935, the defendant 
had shipped in various shipments from the State of Utah into the State of 
Colorado a number of boxes of macaroni and spaghetti, and that the articles 
were adulterated and misbranded in violation of the Food and Drugs Act. The 
article was variously labeled in part: "Diamond Brand 'A' Macaroni Prepared 
For Diamond 'A' Market-Iacino Brothers Proprietors, Denver, Colo. Spaghetti 
Made of 100% High Grade Semolina"; "Diamond Brand 'A' Macaroni Prepared 
for Diamond 'A' Market lacino Brothers Proprietors, Denver, Colo. Mustacioli 
Queen's Taste Insuperabile Made of 100% High Grade Semolina"; "Made of 
100% High Grade Semolina Ditalini Diamond Brand 'A' Macaroni Prepared 
For Diamond 'A' Market lacino Brothers Proprietors, Denver, Colo."
The articles were alleged to be adulterated in that a substance, to wit, a 
product made of wheat flour and added yellow artificial coloring, naphthol 
yellow S, had been substituted for an article made of 100 percent high-grade 
semolina which said article purported to be; and in that said article was 
colored in a manner whereby inferiority was concealed.
Misbranding was alleged with respect to portions of the products for the 
reason that the following statements on the labels were false and misleading 
and tended to deceive and mislead the purchaser, "Macaroni * * * Spa- 
ghetti Made of 100% High Grade Semolina", "Macaroni * * * Mustacioli 
* * * Made Of 100% High Grade Semolina", and "Made of 100% High Grade 
Semolina Ditalini * * * Macaroni"; and in that they were food in package 
form and the quantity of contents was not plainly and conspicuously marked 
on the outside of the packages in that the packages bore no statement as to the 
quantity of the contents therein.
On May 16,1936, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $33.
W. R. GEBGG, Acting Secretary of Agriculture.