24935. Adulteration and misbranding of eggr noodles, macaroni, and spaghetti.
IT. S. v. 97 Cases of Egg Noodles, et al. Default decrees of condem- 
nation. Portion delivered to charitable institutions: remainder 
destroyed. (F. & D. nos. 35462, 35472, 35473, 35485, 35486, 35487, 35490, 
35491, 35505, 35506, 35582. Sample nos. 21371-B, 21372-B, 21373-B, 
24308-B, 28693-B to 28699-B incl., 36044-B to 36048-B incl., 36056-B, 
36057-B, 36409-B, 37282-B.)
These cases involved egg noodles and macaroni which contained soybean 
meal and turmeric, a yellow coloring substance.
On or about May 6, 1935, the United States attorney for the District of 
Maryland, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 152 cases and 59 
cartons of egg noodles at Baltimore, Md. Between the dates of May 8 and 
May 29, 1935, libels were filed against 199 cases of egg noodles and 36 cases 
of macaroni at Baltimore, Md.; 340 cases of egg noodles and 1,433 cases of 
macaroni at Buffalo, N. Y.; 232 cases of egg noodles and 681 cases of spa- 
ghetti at New York, N. Y.; and 149 cases of egg noodles at Trenton, N. J. 
The libels charged that the articles had been shipped in interstate commerce 
between the dates of February 5 and May 10, 1935, by the Keystone Macaroni 
Manufacturing Co., from Lebanon, Pa., that they were misbranded, and with 
the exception of one lot of macaroni, were also adulterated in violation of 
the Food and Drugs Act. Portions of the articles were labeled in part, vari- 
ously : "Pure Egg Noodles Keystone Macaroni Manufacturing Co. Lebanon, Pa."; 
"Pure Semolina"; "Asco Brand Egg Noodles * * * All Asco Egg Noodle 
products are guaranteed to be the finest possible quality. * * * American 
Stores Co. Distributors—Philadelphia"r "Great Lakes Pure Egg Noodles"; 
Tagliatelle Fine Bologna Style Macaroni * * * Niagara Mac. Mfg. Co. 
* * * Buffalo, N. Y."; "Krasdale Brand Pure Egg Noodle Distributor 
A. Krasne New York City"; "Krasdale Brand Spaghetti"; "San Giorgio Brand 
Macaroni Extra Fine Gragnano Style Pure Semola Finest Italian Style 
Macaroni * * * Keystone Macaroni M'F'G Co."; "Alimentary Paste 
Genova [or "Naples" or "Bologna"] Style Macaroni Extra Quality * * * 
Manufactured by Keystone Macaroni Mfg. Co."
The libels alleged that the egg noodles, spaghetti, and certain lots of the 
macaroni were adulterated in that articles containing soybean meal and added 
color, turmeric, had been substituted for egg noodles, spaghetti, and macaroni 
which the articles purported to be; and for the further reason that they were 
colored in a manner whereby inferiority was concealed. Adulteration was 
alleged with respect to one lot of macaroni for the reason that an article 
containing soybean meal and added color, turmeric, had been substituted for 
pure semolina (macaroni) which the article purported to be.
The products, with the exception of one lot of macaroni, were alleged to be 
misbranded in that the following statements in the labeling were false and 
misleading and tended to deceive and mislead the purchaser: "Pure Egg 
Noodles", "Fine Egg Noodles", "Pure Semolina", "Noodles Pure Egg * * * 
Macaroni Products", "Egg Noodles * * * All Asco Egg Noodle products are 
guaranteed to be the finest possible quality", "Macaroni", "Spaghetti Pure 
Semolina", "Spaghetti Made From Durum Flour", "Pure Egg Macaroni", 
"High Grade Macaroni", "Pure Semola", "Finest * * * Macaroni", and 
"Alimentary Paste * * * Macaroni Extra Quality." Misbranding was 
alleged with respect to the remaining lot of macaroni for the reason that it 
was offered for sale under the distinctive name of another article, semolina 
macaroni.
On June 10, 13, 17, 18, 21, 28, and August 23, 1935, no claimant appearing, 
judgments of condemnation were entered. The products seized at New York, 
N. Y., and Buffalo, N. Y., were ordered delivered to charitable institutions, 
and those covered by the remaining cases were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.