10307. Adulteration, and misbranding of spaghetti and vermicelli. U. S.?
* * * v. 11 Cases * * * of Spaghetti, et al. Default de??
crees of condemnation and forfeiture. Products delivered to?
charitable institution for consumption and not for sale.     (F. & D.
Nos. 15362, 15363.     I. S. Nos. 182-t, 185-t, 186-t.     S. Nos. C-3198, C-3200.)
On or about September 16, 1921, the United States attorney for the Southern?
District of Illinois, acting upon a report by the Secretary of Agriculture, filed?
in the District Court of the United States for said district libels for the seizure?
and condemnation of 11 cases and 9 cartons of spaghetti and 3 cartons of egg?
vermicelli, remaining in the original packages at Springfield, 111., alleging that?
the articles had been shipped by the Crescent Macaroni & Cracker Co., Daven??
port, Iowa, on or about January 31, February 1, and April 18, 1921, respec??
tively, and transported from the State of Iowa into the State of Illinois, and?
charging adulteration and misbranding in violation of the Food and Drugs?
Act, as amended. The spaghetti was labeled in part, " Crescent Brand Spa??
ghetti For Fine American Trade * * * Crescent Macaroni And Cracker?
Co. Davenport, Iowa * * *." The vermicelli was labeled in part, " Cres??
cent Brand Egg Vermicelli   *    *    *   Also known As Fine Egg Noodles.    *    *    *."
It was alleged in the libels that the articles were adulterated in that a low?
grade flour product had been mixed and packed with, and substituted wholly?
or in part for, the articles, and in substance that the vermicelli was adulterated?
in that a product containing an insufficient amount of egg solids had been?
mixed and packed with, and substituted wholly or in part for, the article.
Misbranding was alleged in substance for the reason that the statements?
appearing on the labels of the respective articles, to wit, " * * * Egg?
Vermicelli Also Known As Fine Egg Noodles * * * From it are made?
some of the most savory egg-noodle dishes; and for fine, rich egg-noodle soups, it?
is unsurpassed. * * * Patent Durum, the cream of macaroni wheat flour, is?
used * * *," and " Spaghetti For Fine American Trade," and the statement?
" Net Weight 7 Oz.," appearing on a portion of the spaghetti, were false and?
misleading and deceived and misled the purchaser. Misbranding was alleged?
for the further reason that the articles were imitations of, and were offered?
for sale under the distinctive names of, other articles. Misbranding was?
alleged with respect to a portion of the spaghetti for the further reason that it?
was [food] in package form, and the quantity of the contents was not plainly?
and conspicuously marked on the outside of the package.
On January 17, 1922, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the products be delivered to the Springfield Home for the Friendless,?
a charitable institution of Springfield, 111., for consumption and not for sale.
C. W. PUGSLEY, Acting Secretary of Agriculture.