5458.   Misbranding of macaroni.     U.  S.     *     *     *"     >. 6>'ia«©mt«- Holli.     Plea of
guilty.    Fine, $25.     (F. & I>. No. 8117.    I. S. Ko. 702-1.)
On March 24, 1917, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Giacomo Foti, Philadelphia, Pa., alleging shipment by said defendant, in viola- 
tion of the Food and Drugs Act, on or about June 2, 1916, from the State of 
Pennsylvania into the State of Maryland, of a quantity of an article labeled ia 
part, " Primaria Pastificio Quality Extra Fina Felice Luna Macaroni Torre 
Annunziata," which was misbranded.
Investigation by the Bureau of Chemistry of this department showed that 
the article was of domestic manufacture.
Misbranding of the article was alleged in substance in the information for 
the reason that the statement, to wit, " Primario Pastificio Qualita Extra 
Fina Felice Lima Macaroni Torre Annunziata," together with the design and 
device of a moon face and stars, were false and misleading in that they rep- 
resented and purported that the article was a foreign product, to wit, a 
macaroni produced in the Kingdom of Italy; and for the further reason that 
it was labeled as aforesaid so as to deceive and mislead the purchaser into 
the belief that it was a foreign product, to wit, a macaroni produced in the 
Kingdom of Italy, whereas, in truth and in fact, it was not, but was a domestic 
product, to wit, a macaroni produced in the United States of America.
On April 4, 1917, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $23.
CLARENCE OUSLEY, Acting Secretary of Agriculture.