21311. Misbranding of  macaroni.    U.   S.  v.  495  Fiber  Boxes   of  Macaroni.
Default decree  of forfeiture and destruction.     (F.  & D.  no.  30596. 
Sample no. 32273-A.)
This case involved a shipment of macaroni, sample boxes of which were found 
to contain less than 5 pounds, the declared weight.
On June 14,1933, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 495 fiber boxes of macaroni at Boise, 
Idaho, alleging that the article had been shipped in interstate commerce on or 
about June 1,1933, by the U. S. Macaroni Co., from Spokane, Wash., and charg- 
ing misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: " Macaroni, Five Lbs. Net, Empire Brand."
It was alleged in the libel that the article was misbranded in that the state- 
ment " Five Lbs. Net", was false and misleading and deceived and misled the 
purchaser, and for the further reason that the article was food in package form 
and failed to bear a plain and conspicuous statement of the quantity of the 
contents, since the boxes contained less than the declared weight.
On July 24, 1933, no claimant having appeared for the property, judgment of 
forfeiture was entered, and it was ordered by the court that the product be 
destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.