3549- Misbranding of macaroni. 17. S. v. 65 Boxes of Macaroni. Tried to the court. Find??
ing for the Government. Product ordered sold. (F. & D. No. 5543. I. S. No. 6795-h.?
S. No. 2103.)
On February 4, 1914, the United States attorney for the Middle District of Pennsyl??
vania, 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 condemnation of?
65 packages, each containing approximately 20 pounds of macaroni, remaining unsold?
in the original unbroken packages at Wilkes-Barre, Pa., alleging that the product?
had been transported from the State of New Jersey into the State of Pennsylvania, the?
shipments arriving on or about January 2 and January 19, 1914, and charging mis??
branding in violation of the Food and Drugs Act. The product was labeled: "Mac-?
cheroni Di Qualita-Sublime-Ventaglio-Neapolitan Style-Neapolitan Style-Quality,?
Guaranteed, Purity, Macaroni?Artificially Colored?Manifatturati Nel Piu Pulito?
ed igenico Pastificio del Mondo. Orzo Extra?20 lbs. Net?P. Nardone, Wilkes-?
Barre, Pa."
It was alleged in the libel that the labels on the product and the general appear??
ance of the packages in which the macaroni was contained indicated that it was of?
foreign manufacture, when, in truth and in fact, it was not of foreign manufacture,?
but was made by the International Macaroni Co., in the city of Newark, in the State?
of New Jersey. It was further alleged that the. said International Macaroni Co.?
neither receives, handles, nor deals in macaroni imported from a foreign country, but?
that, on the contrary, all macaroni in which said company deals consists of their own?
manufacture, branded and labeled similar to the food product against which the?
libel was directed. It was further alleged that the brand and labels on the packages?
of macaroni were false and misleading, and designed to deceive and mislead the pur??
chaser by purporting and representing the contents of said packages to be of foreign?
manufacture, which, in truth and in fact, was not so.
On May 28, 1914, Pasquale Nardone, Wilkes-Barre, Pa., and Paul Smolian, pro??
prietor of the International Macaroni Co., Newark, N. J., claimants, having filed their?
answer to the libel, and the case having come on for hearing, after submission of evi??
dence and arguments by counsel, the court found the product misbranded as alleged?
in the libel, condemning it and forfeiting it to the United States and ordering that?
it should be sold by the United States marshal.
CARL VKOOMAN, Acting Secretary of Agriculture.
WASHINGTON, D. C, January 13, 1915.
N.J.3501-3550.] , SEEV10E AND REGULATORY ANNOUNCEMENTS.