24955. Adulteration and misbranding of macaroni, egg- noodles, and spaghetti.
U. S. v. 10 Cartons of Macaroni, et al. Default decrees of condemna- 
tion and destruction. (F. & D. nos. 35572, 35573, 35575. Sample nos. 
30242-B to 30250-B, incl.)
These cases involved interstate shipments of alimentary paste that contained 
added soybean meal and a yellow coloring matter.
On May 29, 1935, the United States attorneys for the Southern District of 
New York and the Eastern District of New York, acting upon reports by the 
Secretary of Agriculture, filed in the respective district courts libels praying 
seizure and condemnation of 83 cartons or cases of macaroni, spaghetti, and 
egg noodles at New York, N. Y., and 57 cases of macaroni and spaghetti at 
Brooklyn, N. Y., alleging that the articles had been shipped in interstate 
commerce between the dates of March 12 and May 16, 1935, by the Kurtz Bros. 
Corporation, from Philadelphia, Pa., and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The articles were labeled in part, 
variously: "Macaroni Ace Brand Manufactured by Kurtz Brothers Corporation 
Philadelphia, Pa."; "Pasquelina Brand 100% Pure Semolina B. Mandel & Co.— 
New York, N. Y. * * * Spaghetti"; "King Brand Pure Egg Noodles Manu- 
factured by Kurtz Brothers Corporation Philadelphia, Pa."; "Conte hi Savoia 
High Grade Durum Wheat Semolina Macaroni Manufactured by Kurtz Broth- 
ers   Corporation   Philadelphia,  Pa.";   "Merrisalco   Finest   Quality   Macaroni
* *    *    Spaghetti  Merrisalco  Food  Products   Corp. Brooklyn—New  York"; 
"Cara Brand  Extra Fine Quality Products Pure  Semolina Gragnano  Style
* * * Spaghetti Packed for Acierno Bros., Brooklyn, N. Y."; "Spaghettini." 
The articles were alleged, to be adulterated in that products containing soy- 
bean meal and an added color had been substituted for macaroni, spaghetti, and 
egg noodles; and for the further reason that they were colored in a manner 
whereby inferiority was concealed.
Misbranding was alleged with respect to portions of the products for the rea- 
son that the following statements on the labels were false and misleading and 
tended to deceive and mislead the purchaser: "Macaroni"; "100% Pure 
Semolina * * * Spaghetti", "Pure Egg Noodles"; "Finest Quality Maca- 
roni" ; "High Grade Durum Wheat Semolina."
On June 26 and July 25, 1935. no claimant having appeared, judgments of 
condemnation were entered and it was ordered that the products be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.