9408. Adulteration and Misbranding of egg noodles. U. S. * * * v. T 
Cases of Egg Noodles. Default decree of condemnation, forfeiture, 
and destruction,     (F. & D. No. 14668.    I. S. No. 10295-t.    S. No. W-891.)
On March 21, 1921, the United States attorney for the District of Colorado, 
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 seven cases of egg noodles, remaining unsold in the original unbroken pack- 
ages at Denver, Colo., consigned by John J. Meier & Co., St. Louis, Mo., al- 
leging that the article had been shipped on or about July 17, 1920, and Febru- 
ary 23, 1921, and transported from the State of Missouri into the State of 
Colorado, and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: (Carton) "Wide" (or 
"Medium" or "Fine") "14 Oz. Net Weight White Cross Brand Egg Noodles 
Manufactured By John J. Meier & Co. St. Louis, Mo. * * * Artificially 
Colored   *    *    *"
Adulteration of the article was alleged in the libel for the reason that 
artificially colored plain Hoodies had been substituted wholly for egg noodles, 
which the article purported to be, and for the further reason that said noodles 
were colored in a manner whereby their inferiority was concealed.
Misbranding was alleged for the reason that the statement borne on the case 
and on the carton, to wit, " Egg Noodles," was false and misleading and de- 
ceived and misled the purchaser. Misbranding was alleged for the further rea- 
son that the article was an imitation of, and was offered for sale under the 
distinctive name of, another article, to wit, plain artificially colored noodles, 
offered for sale under the name of egg noodles.
On May 31, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.