3539. Misbranding of macaroni. IT. S. v. 115 Packages of Macaroni. Default decree of con??
demnation and forfeiture. Product ordered sold. (F. & D. No. 5576. I. S. No. 950I-h.?
S. No. 2107.)
On February 5, 1914, the United States attorney for the Middle District of Penn??
sylvania, 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 115 packages, each containing approximately 22 pounds of macaroni, remaining?
unsold in the original unbroken packages at Scranton, Pa., alleging that the product?
had been transported in interstate commerce from the State of Maryland into the?
State of Pennsylvania and received at Scranton, Pa., on or about May 23, 1913, and?
charging misbranding in violation of the Food and Drugs Act. The product was?
labeled in part: "Extra Fine Macaroni?Gragnano Style?ImbrianiBrand. Ditalini."?
The label further contained a pictorial representation of the Bay of Naples, Italy,?
with Mt. Vesuvius in the background. The word "Gragnano" is the name of a city?
near the Bay of Naples in Italy and was printed in large and prominent type, while?
the word "style" was printed in small and obscure type. The word "Imbriani" is?
the name of a famous Italian poet who was born near the Bay of Naples, Italy.
It was alleged in the libel that the labels on the said food product and general?
appearance of the packages in which the macaroni was contained indicated that?
the macaroni was of foreign manufacture, when in truth and in fact it was not [of]?
foreign manufacture, but was made by the Savarese Macaroni Co. in the city of Bal??
timore, Md.
It was further alleged in the libel that the brand and labels on the packages of?
macaroni were false and misleading and designed to deceive and mislead the purchaser?
by purporting and representing the contents of the packages to be of foreign manu??
facture, which in truth and in fact was not so.
On April 2, 1914, no claimant having appeared for the property, judgment of con??
demnation and forfeiture was entered, and it was ordered by the court that the product?
should be sold by the United States marshal.
CARL VKOOMAN, Acting Secretary of Agriculture.
WASHINGTON, D. C, January IS, 1915.
N. J. 3551-3600.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	75