29356. Adulteration and misbranding of macaroni products.   U. S. v. 37% Cases,
et al., of Macaroni  (and 1 similar seizure action).    Default decree of 
condemnation.    Product delivered to -welfare organizations.     (F. & D.
Nos.   42942,   42943.     Sample   Nos.   13561-D,   13562-D,   24833-D,   24834-D, 
29037-D, 29038-D, 29039-D, 29042-D, 29043-D, 29044-D.)
These products were made of wheat flour but were artificially colored to 
simulate the appearance of semolina products. Portions were also short 
weight.
On June 20, 1938, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court two libels praying seizure and condemnation of 176 cases of 
macaroni products at Atlanta, Ga.; alleging that the articles had been shipped 
in interstate commerce on or about April 7, 13, and 22 and May 16, 1938, from 
Tampa, Fla., by Ferlita Macaroni Co., Inc.; and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The articles were labeled 
in part: "Tampa-Maid Brand Macaroni [or "Spaghetti" or "Pasta Di Semola"] 
*   *   *   Ferlita Macaroni Co., Inc. Tampa, Florida."
They were alleged to be adulterated in that they had been mixed and 
colored in a manner whereby inferiority was concealed.
Misbranding was alleged with respect to certain lots in that the statement 
"6 Ozs. Net When Packed," appearing on the labels, was false and misleading 
and tended to deceive and mislead the purchaser when applied to an article 
that was short weight; and in that they were food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package since the quantity stated was not correct. The remain- 
ing lots were alleged to be misbranded in that the Italian phrase "Pasta Di 
Semola Superiore Quality" was misleading since it might imply to the pur- 
chaser that the article was made of semolina.
On August 1, 1938, no claimant having appeared, judgments of condemnation 
were entered and the products were ordered delivered to welfare organizations.
HARRY L. BROWN, Acting Secretary of Agriculture.