SS54. Adulteration and misbranding of Nuasylietti. X. S. * * * v. 435?
Cases of Spaghetti. Consent decree of condemnation and forfei??
ture.    Product released on bend.     (F. & 1). 2\0. 12243.    I. S. Xo. 14124-r.
S.  No.  E-202S.)
On March 10. 1920, the United States attorney for the Southern District of?
New York, 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 435 cases of spaghetti, remaining unsold in the original un??
broken packages, at New York, N. Y., alleging that the article had been shipped?
by the Skinner Mfg. Co., Omaha, Nebr., on or about December 30, 1919, and?
transported from the State of Nebraska into the State of New York, and?
charging adulteration and misbranding in violation of the Food and Drugs Act.?
The article was labeled in part, " Pilgrim Brand Spaghetti Made by The Skinner?
Mfg. Co., Omaha, U. S. A."
Adulteration of the article was alleged in the libel for the reason that flour?
spaghetti, artificially colored with saffron, had been substituted in part therefor,?
and for the further reason that the article had been colored with saffron in a?
manner whereby damage and inferiority were concealed.
Misbranding was alleged for the reason that the statement on the label on?
the packages containing the article, to wit, " Spaghetti,'' was false and mis??
leading and deceived and misled the purchaser when applied to a product made?
from flour artificially colored, and for the further reason that the article was?
an imitation of, and was sold under the distinctive name of, another article,?
to wit, spaghetti.
On December 16, 1920, William P. Adams, sales manager for the Skinner?
Mfg. Co., Omaha, Nebr., claimant, having admitted the allegations of the libel?
except as to added coloring matter and having consented to a decree, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court that
248	
BUREAU  OF  CHEMISTRY.	
[Supplement 108,
the product be released to said claimant upon payment of the costs of the?
proceedings and the execution of a bond in the sum of $800, in conformity with?
section 10 of the act, conditioned in part that the product be relabeled as " Flour?
Spaghetti," under the supervision of this department.
E. D. BALL, Acting Secretary of Agriculture.