21014. Misbranding of vermicelli.    U.  S. v.  San Diego Macaroni  Manufac¬
turing Co.    Plea of nolo contendere.    Judgment of guilty.    Fine, 
$200; suspended for two years.     (F. & D. no. 29385.    I. S. no. 21403.)
This action was based on an interstate shipment of vermicelli, in which the 
packages were found to contain less than 8 ounces, the weight declared on 
the label.   The statement of weight was small and inconspicuous.
On January 18, 1933, the United States attorney for the Southern District ( 
of California, acting upon a report by the Secretary of Agriculture, filed 
in the district court an information against the San Diego Macaroni Manu- 
facturing Co., a corporation, San Diego, Calif., alleging shipment by said 
company in violation of the Food and Drugs Act, as amended, on or about 
July 15, 1931, from the State of California into the State of Arizona, of a 
¦quantity of vermicelli that was misbranded. The article was labeled in part: 
"De Rocco's Chef Brand Vermicelli * * * Net Weight 8 oz. or over. 
San Diego Macaroni Mfg. Co. San Diego, Calif."
It was alleged in the information that the article was misbranded in that 
the statement "Net Weight
*8 oz. or over", borne1 on the packages, was false 
and misleading, and for the further reason that the article was labeled so 
as to deceive and mislead the purchaser, since the packages contained less 
than 8 ounces. Misbranding was alleged for the further reason that the 
article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package, since the 
statement made was incorrect, and it was in such small type as not to be 
plain and conspicuous.
On January 30, 1983, a plea of nolo contendere to the information was 
entered on behalf of the defendant company. On March 17, 1933, judgment 
of guilty was entered and the court imposed a fine of $200. Payment of 
the fine was ordered suspended for a period of 2 years.
M. L. WILSON, Acting Secretary of Agriculture.