21341. Adulteration   and   Misbranding of   alimentary   pastes.     U.   S.   v.
Gragnano   Products,  Inc.     Plea  of  guilty.     Fine,  $50.      (F.   &  D.
no. 30140.    I.S. no. 32275.)
This case was based on the interstate shipment of semolina spaghetti, semolina 
sea shells, and semolina elbow macaroni that were artificially colored.
On June 7, 1933, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Gragnano Products, Inc., a corpora- 
tion, San Francisco, Calif., alleging shipment by said company in violation of 
the Food and Drugs Act, on or about February 11, 1932, from the State of 
California into the State of Utah, of quantities of alimentary pastes that were 
adulterated and misbranded. The articles were labeled: " Semolina Spaghetti 
[or 'Sea Shells' or 'Elbow Macaroni'] * * * Manufactured by Gragnano 
Products, Inc. San Francisco, Calif."
It was alleged in the information that the articles were adulterated in that 
products which contained no egg and which were artificially colored had been 
substituted for the said articles. Adulteration was alleged for the further 
reason that the articles were inferior to semolina spaghetti, semolina sea shells, 
and semolina macaroni, i.e., products which contained no egg and were colored 
with a coal tar* dye, tartrazine, so as to simulate the appearance of semolina 
spaghetti, semolina sea shells, and semolina macaroni, and in a manner whereby 
their inferiority was concealed.
Misbranding was alleged for the reason that the statements, " Semolina 
Spaghetti", " Semolina Sea Shells ", and " Semolina Elbow Macaroni", borne 
on the labels, were false and misleading and for the further reason that the 
articles were labeled so as to deceive and mislead the purchaser, in that the 
statements represented that the articles were semolina spaghetti, semolina sea 
shells, or semolina elbow macaroni, whereas they were not, but were artificially 
colored products which contained no egg.
On July 8, 1933, a plea of guilty to the information was entered on behalf of 
the defendant company, and the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.