15871. Adulteration   and   misbranding   of   alimentary   paste.    U.   S.   v.   19
Boxes, et al., of Alimentary Paste. Default decree of condemna- 
tion, forfeiture, and destruction. {F. cfe D. No. 21173. I. S. Nos. 
13402-x, 13403-x, 13404-x.    S. No. E-5805.)
On or about July 17, 1926, the United States attorney for the District of 
New Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 40 boxes of alimentary.paste at Jersey Gity, N. J., alleging 
that the article had been shipped by the De Martini Macaroni Co., Inc., Brook- 
lyn, N. Y., on or about June 24, 1926, and transported from the State of New 
York into the State of New Jersey, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part, vari- 
ously: " Tripolini Bologna Style Macaroni (or "Tagliatelle Fine Bologna Style 
Macaroni" or "Farfalle Rotonne Bologna Style Macaroni ") Artificially colored 
20 Lbs. net when packed."
It was alleged in the libel that the article was adulterated in that it was 
colored in a manner whereby inferiority was concealed, due to a deficiency in or 
total lack of egg.
Misbranding was alleged for the reason that the article was an imitation 
of another article, and in that the statement, " 20 Lbs. Net," was false and mis- 
leading and deceived and misled the purchaser.
On July 9, 1928, 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.
ABTHXJB M. HYDE, Secretary of Agrioulture.