24938. Adulteration and misbranding of egrgr noodles, spaghetti, and macaroni. 
V. S. v. 80 Boxes of Egg Noodles, et al. Default decrees of condem- 
nation and destruction. (F. & D. nos. 35478, 35495, 35501, 35504, 35514, 
35521, 35522. Sample nos. 21984-B, 24546-B, 30237-B, 30238-B, 30239-B, 
30609-B, 30610-B, 30611-B, 30612-B, 30625-B, 30815-B, 30817-B, 30821-B, 
30822-B.)
These cases involved various shipments of alimentary paste which contained 
soybean meal and an added yellow coloring substance, turmeric.
On May 9, 1935, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of 162 boxes of egg noodles and 41 
boxes of spaghetti at Jersey City, N. J. On May 15, 17, 18, 21, and 23, 1935, 
libels were filed against 23 cartons of spaghetti and 41 boxes of egg noodles 
at Newark, N. J.; and 74 boxes of spaghetti at Perth Amboy, N. J.; 44 cases 
of spaghetti at New Haven, Conn.; 28 boxes of macaroni at Philadelphia, Pa.; 
and 26 boxes and 230 packages of macaroni and noodles at Scranton, Pa. 
The libels charged that the articles had been shipped in interstate commerce 
between the dates of February 25 and May 1, 1935, by the Atlantic Macaroni 
Co., Inc., from Long Island City, N. Y., and that they were adulterated and 
misbranded in violation of the Food and Drugs Act. The articles were labeled 
in part, variously: "Caruso Brand Pure Egg Noodles [or "Spaghetti"] * * * 
The Atlantic Macaroni Co., Inc., Long Island City, N. Y."; "Parodi None 
Better Spaghetti"; "Spaghettini"; "Dolsun Brand Spaghetti"; "La Napolitana 
Brand Macaroni"; "Alimentary Paste Cavilli Brand High Grade Macaroni"; 
"Capellini No. 1 Semolina"; "Mostaccioli Rigati * * * No. 1 Semolina"; 
"Pure Egg Noodles"; "Pure Egg Products No Artificial Coloring"; "Pure Egg 
Flakes [or "Broad", "Medium", or "Barley"]."
The articles, with the exception of one lot of spaghetti, were alleged to be 
adulterated in that products containing soybean meal and an added color, 
turmeric, had been substituted for spaghetti, macaroni, and egg noodles; and 
for the further reason that they had been colored in a manner whereby inferi- 
ority was concealed.
Misbranding was alleged for the reason that the following statements on 
the labels were false and misleading and tended to deceive and mislead the 
purchaser when applied to mixtures of spaghetti, macaroni, or egg noodles 
containing soybean meal and added coloring matter: "Pure Egg", "Noodles", 
"Pure Egg Noodles", "For those Who Want the Best", "Spaghetti", "Caruso 
Spaghetti and Egg Noodles", "Spaghetti", "The Acme of Perfection", "None 
Better Spaghetti Made of a Blend of Flour and Semolina", "Spaghettini * * * 
Made of a blend of flour and semolina", "Macaroni", "Alimentary Paste * * * 
High Grade Macaroni", "No. 1 Semolina", "Mostaccioli Rigati", "Pure Egg 
Products * * * No Artificial Coloring", "Egg and Farina Products", "Pure 
Egg Flakes", "Pure Egg Broad", "Pure Egg Medium", and "Pure Egg Barley."
On June 28, July 13, July 23, and September 30, 1935, no claimant having 
appeared, judgments of condemnation were entered and it was ordered that 
the products be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.