4315  Misbranding'   of   macaroni.      XT.   S.    *    *    *    v.   40   Boxes   of   Macaroni?
*    *    *.     Default decree of condemnation and forfeiture.     Product
ordered destroyed.     (F. & D. No. 3120.     S.  No. 1137.)
On October 31, 1911, the United States attorney for the Southern District?
of West Virginia, 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 40 boxes or packages of macaroni, remaining?
unsold in the original, unbroken packages at Lester, W. Va., alleging that the?
product had been shipped and transported from the State of Delaware into?
the State of West Virginia, and changing misbranding in violation of the?
Food and Drugs Act. The product was labeled: " Super Extra Quality of?
Neapolitan Macaroni?Guaranteed by the manufacturer under the Pure Food?
and Drugs Act of June 30, 1906?Gragnano Style-^Pulcinella Brand?Made?
as used in Italy?Registered Trade Mark." The packages were also marked?
with a coat of arms of foreign type, together with medals of award of Italian?
design.?
Misbranding of the article was alleged in the libel for the reason that none?
of the boxes or packages contained macaroni made in Italy, as the label or.?
markings on said boxes or packages indicated, but contained macaroni made?
by the Union Macaroni Co., Wilmington, State of Delaware, United States of?
America, and the said branding and markings on said boxes or packages?
were misleading and false, so as to deceive and mislead the purchaser, and?
were a misbranding within the meaning of the act.
On September 24, 1914, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be destroyed by the United States marshal.
CABL VEOOMAN, Acting Secretary of Agriculture.
46841??16?2
444	
BUREAU  OF  CHEMISTRY.	
[Supplement 17.