5707.   Misbranding of macaroni.     U.  S.     *     *     *      v.  15  Cases  of Macaroni. 
Default    decree    of    condemnation,    forfeiture,    and    destruction.
(F. & D. No. 7870,    I. S. No. 1061-m.    S. No. B-753.)
On November 20, 1916, the United States attorney for the Western District 
of Pennsylvania, 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 15 cases of macaroni, remaining unsold in the 
original unbroken packages at Mount Pleasant, Pa., alleging that the article 
had been shipped on or about August 10, 1916, by the Italian Importing Co., 
Elizabeth, N. J., and transported from the State of New Jersey into the State 
of Pennsylvania, and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Electric Factory Gran Prix Bordeaux, 
1902. Giuseppe de Nicola, Manufacturer of Macaroni and Fancy Paste. Trade 
Mark Horse Brand. Extra Fine Quality. Naples, Italy." In addition the 
label bore pictorial representations of horse and gold medals.
Misbranding of the article was alleged in the libel for the reason that it 
was labeled and branded so as to deceive and mislead the purchaser; that is 
to say, the appearance and construction of the label conveyed the impression 
that the goods were of foreign manufacture, when, in truth and in fact, they 
were of domestic manufacture.
On August 7, 1917, 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 destroyed by the United States marshal.
O. F. MARVIN, Acting Secretary of Agriculture.