24956. Adulteration and misbranding of macaroni.    U. S. v. 102 Cases and 17
Boxes of Macaroni.    Default decrees of condemnation and destruction.
(F. & D. nos. 35576, 35683.    Sample nos. 30437-B, 31153-B.)
These cases involved shipments of macaroni that contained soybean meal 
and turmeric, a yellow coloring matter.
On May 29, 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 a libel (amended July 2, 1935) praying seizure and condemna- 
tion of 102 cases of macaroni at Hoboken, N. J. On June 26, 1935, a libel 
was filed against 17 boxes of macaroni at Newark, N. J. The libels charged 
that the article had been shipped in interstate commerce in various shipments 
between the dates of May 2 and June 8, 1935, by the Giancontieri Macaroni 
Corporation, from Brooklyn, N. Y., and that it was adulterated and misbranded 
in violation of the Food and Drugs Act. A portion of the article was 
labeled: "Marca Tre 'G' Macaroni Made from Pure Semolina * * * Manu- 
factured   and   Guaranteed   by  Giancontieri  Macaroni  Corporation  Brooklyn,
N. Y."   The remainder was labeled: "Extra Quality Pure Semolina Macaroni 
M. Lucatelli Brand Distributors New Jersey Importing Co. Hoboken, N. Y."
The article was alleged to be adulterated in that a product containing soybean 
meal and added color, turmeric, had been substituted for macaroni, which 
the article purported to be; and for the further reason that it was colored 
in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements on the labels, 
"Macaroni Made from Pure Semolina" and "Extra Quality Pure Semolina 
Macaroni", were false and misleading and tended to deceive and mislead the 
purchaser.
On August 20 and September 4, 1935, no claimant having appeared, judgments 
of condemnation were entered and it was ordered that the product be 
destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.