18834. Adulteration and Misbranding of alimentary paste. V. S. v. 288 
Cases of Alimentary Paste. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 26456. I. S. No. 29010. S. No. 
4746.)
Examination of samples of alimentary paste from the shipment herein 
described having shown that the article was artificially colored to simulate- 
an egg product, whereas it contained little or no eggr also that the cases con- 
tained less than the declared weight, the Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District of New York.
On May 28, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 298 cases of alimentary paste, remaining in the original packages 
at Brooklyn, N. Y., alleging that the article had been shipped by the Fulton, 
Macaroni Co., from Jersey City, N. J., in yarious consignments, on or about 
April 20, April 27, April 28, May 2, and May 5, 1931, and had been transported 
from the State of New Jersey into the State of New York, and charging adul- 
teration and misbranding in violation of the food and drugs act as amended. 
The article was labeled in part, variously: "Broad 10 Lbs. Net 34:" "Twisted 
Vermicelli 12 Lbs. Net;" " Farfelle 12 Lbs. Net;" " Medie 10 Lbs. Net Medium 
10 Lbs. Net;" "Ful?on Macaroni Co., Jersey City, N, J.. Fine 10 Lbs. Net."
It was alleged in the libel that the article was adulterated in that a substance 
deficient in egg and artificially colored had been mixed and packed therewith, 
so as to reduce and lower and injuriously affect its quality or strength, and 
had been substituted for egg alimentary paste, which the article purported to 
be. Adulteration was alleged for the further reason that the article was a 
product inferior to egg alimentary paste and was artificially colored with 
turmeric, so- as to simulate the appearance of egg alimentary paste, and in a 
manner whereby its inferiority to egg alimentary paste was concealed.
Misbranding was alleged for the reason that the statements, " Broad 10 Lbs. 
Net," " Vermicelli 12 Lbs. Net," " Farfelle 12 Lbs. Net," " Medie 10 Lbs. Net,"- 
and " Fine 10 Lbs. Net," borne on the cases containing the article, were false 
and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was food in paekage form and 
the quantity of the contents was not plainly and conspicuously marked on the- 
outside of the package, since the quantity stated thereon was incorrect. Mis- 
branding was alleged for the further reason that the artiele was deficient in 
egg, and artificially colored in imitation of egg alimentary paste, and was 
offered for sale and sold under the distinctive name of another article.
On June 29, 1931, 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.
ARTHUR M. HYDE, Secreta>y of Agriculture.