367. Misbranding of macaroni.    IT. S. v. 31 Cases of Macaroni.    Default decree
of condemnation.     Product ordered destroyed or delivered to a charitable 
Institution.    (F. D. C. No. 984.   Sample No. 79074-D.)
The containers of this product were filled to about 80 percent of their 
capacity.
On November 18, 1939, the United States attorney for the Western District 
of South Carolina filed a libel against 31 cases of macaroni at Greenville, 
S. C, alleging that the article had been shipped in interstate commerce on 
or about September 22, 1939, by National Food Products Co. from New Orleans, 
La.; and charging that it was misbranded in that its containers were so made, 
formed, and filled as to be misleading. The article was labeled in part: 
"Patriot Brand Ready Cut Macaroni * * * J. Cusimano & Co., New 
Orleans, La."
On January 11, 1940, no claimant having appeared, judgment of condemna- 
tion was entered, and it was ordered that the product be destroyed or in lieu 
thereof that it be delivered to a charitable institution if found to be in good 
condition.