3377.?Misbranding  of  macaroni.    TJ.   S.  -v.  18 Boxes  of Macaroni,  More  or
Less.    Default   decree   of   condemnation   and   forfeiture.    Product?
ordered sold.     (F. & D. No. 5507.     S. No. 2069.)
Oil December 26, 1913, the United States attorney for the District of Mary??
land, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel for the seizure and condem??
nation of 18 boxes of macaroni, more or less, remaining unsold in the original?
unbroken packages at Baltimore, Md., alleging that the product had been trans??
ported from the State of Pennsylvania into the State of Maryland, and charging?
misbranding in violation of the Food and Drugs Act. The product was labeled:?
" White Star of Italy Gragnano Style Near NAPOLI Trade Mark Manufac??
tured by Antonio Ciricola Artificial Coloring Guaranteed by the Pure Food?
Act June 30, 1906, Serial No. 52687."
Misbranding of the product was alleged in the libel because the use of the?
statement on label, " White Star of Italy," and the word " Gragnano," the?
name of a village in Italy where there is a large macaroni industry, and the?
word " Napoli," with modification in very inconspicuous type by intervening?
words " style near," was false and misleading in that foreign origin of the?
said macaroni was implied, when in fact said product was domestic. Misbrand??
ing of the product was alleged for the further reason that the incorrect use
Supplement]   SERVICE  AND REGULATORY ANNOUNCEMENTS.	585
of the serial guaranty legend that said product was " guaranteed by the Pure?
Food Act," in that said statement gave the impression that the product was?
guaranteed by the Government, whereas said impression was false and mis??
leading.
On March 4, 1914, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered and it was ordered by the court that?
the product should be sold by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914-