27636. Adulteration and misbranding of egg: noodles.     U.  S. v. 192 Cases, 257
Cases, and 70 Cases of Egg Noodles. Default decree of condemnation. 
Product delivered to a welfare organization. (F. & D. Nos. 39927, 39928, 
39929.   Sample Nos. 27064-C, 27065-C, 27066-C.)
This product was colored with annatto.
On June 30,1937, the United States attorney for the Southern District of New 
York, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 519 cases of noodles at New 
York, N. Y., alleging that the article had been shipped in interstate commerce 
on or about February 9, 1937, by V. Viviano & Bros, from St. Louis, Mo., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Bags) "Deluxe Supreme Quality * * * 
V. Viviano & Bros. Macaroni Mfg. Co., Inc. Pure Egg Noodles Made With 
Fresh Egg Yolks."
It was alleged to be adulterated in that it was colored in a manner whereby 
inferiority was concealed.
The article was alleged to be misbranded in that the statement "Pure Egg 
Noodles Made with Fresh Egg Yolks" was false and misleading and tended 
to deceive and mislead the purchaser when applied to an article that was 
colored with annatto.
On July 16, 1937, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered delivered to a welfare organization.
M. L. WILSON, Acting Secretary of Agriculture.