8030.  Misbranding- of noodles and alleg-ed  misbranding of spaghetti and
macaroni. U. S. * * * v. 300 Cases of Noodles, 1,000 Cases of?
Spag-Iietti, and 1,300 Cases of Macaronf. Tried to the court. De??
cree of condemnation and forfeiture as to certain of the packages?
of noodles. Product ordered released on bond. Spag-hetti' and?
macarcni and such of the packages of noodles as were not re??
marked ordered returned to claimant, TJie Cleveland Macaroni Co.?
(F. & D. No. 10205.    I. S. Ncs. 6928-r, 0930-r, 0931-r.    S. No. C-1213.)
On May 15, 1919, the United States attorney for the District of Minnesota,?
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 300 cases of noodles, 1,000 cases of spaghetti, and 1,300 cases of macaroni,?
remaining in the original unbroken packages at St. Paul, Minn., alleging that?
the articles had been shipped on or about April 14, 1919, from St. Louis,?
Mo., by The Cleveland Macaroni Co., Cleveland, Ohio, and transported from?
the State of Missouri into the State of Minnesota, and charging misbrand??
ing in violation of the Food and Drugs Act, as amended. The noodles were?
labeled,'" Golden Age Trade-Mark The Machine Dried Noodles Contain Egg Net?
Weight" ("5 oz." marked out) "4 Oz. America's Greatest Value 10$ because?
from America's Largest Plant Machine Formed The new process The Cleve??
land Macaroni Co., Cleveland, O. U. S. A. Modern Macaroni Makers," the?
spaghetti was labeled in part, " Golden Age Trade Mark The Machine Dried?
Spaghetti Net Weight 7 Ounces America's Greatest Value because from?
America's Largest Plant   The Cleveland Macaroni Co., Cleveland, O.    U. S. A.
N. J. 8001-8050]      SERVICE AND REGULATORY ANNOUNCEMENTS.	33
-Modern Macaroni Makers," and the macaroni was labeled in part, " Golden Aggf?
Trade Mark The Machine Dried Americanized Macaroni Net Weight"-7;0unees?
America's Greatest Value because from America's Largest Plant. The Ameri??
canized Macaroni   The Cleveland Macaroni Co., Cleveland, O.   U. S. A."
Misbranding of the articles was alleged in the libel for the reason that the?
net weight of each and every [one] of said packages of noodles, spaghetti, and?
macaroni was not plainly and conspicuously declared, and for the further rea??
son that it was food in package form, and the quantity of- contents was not?
plainly and conspicuously declared.
On March 24> 1920, the case having come on for hearing before the court with??
out a jury, the court, after hearing the arguments of counsel and considering?
the pleadings, found that the allegations in the libel charging the misbranding?
of the packages of spaghetti, packages of macaroni, and packages of noodles,?
except such as were re-marked as to net contents, were not established, and?
that the allegations charging the misbranding of the packages of noodles?
wherein the weight had been marked out and the new weight added had been?
established, and it was ordered that the spaghetti, macaroni, and noodles in?
packages not re-marked be returned to the claimant of the goods, the said The?
Cleveland Macaroni Co., and that the packages of the noodles which had been?
re-marked be 'condemned and forfeited to the United States. It was further?
ordered that said re-marked packages might be returned to the claimant upon?
payment of the costs of the proceedings and the execution of a bond in tire?
sum of $100, in conformity with section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.  ;