28102. Adulteration   and misbranding of   noodles.      TJ.   S.   v.   369   Cartons   of
Noodles (and 1 other seizure action against the same product). De- 
crees of condemnation. A portion was delivered to a charitable 
agency; remainder destroyed. (F. & D. Nos. 40155, 40634. 40635. Sample 
Nos. 38233-C, 38254-C, 56996-C, 56997-C.)
This product was labeled to indicate that it derived its coloring solely from 
egg yolks; whereas it contained an added color, annatto.
On August 20 and November 1, 1937, the United States attorneys for the 
Southern District of New York, acting upon reports by the Secretary of Agri-
71077°—38 5
culture, filed in their respective district courts libels praying seizure and 
condemnation of 369 cartons of noodles at New York, N. Y., and 297 cases 
of noodles at Forest Hills, Long Island, N. Y., alleging that the article had 
been shipped in interstate commerce on or about February 13, April 23. May 28, 
and June 15,1937, by V. Viviano & Bros. Macaroni Mfg. Co., Inc., from St. Louis, 
Mo., and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: (Packages) "Deluxe Pure Egg 
Noodles Made with Fresh Egg Yolks * * * V. Viviano & Bros. Macaroni 
Mfg. Co., Inc."
The article was alleged to be adulterated in that it was colored in a manner 
whereby  inferiority  was concealed.
It was alleged to be misbranded in that the statement, "Pure Egg Noodles 
Made with Fresh Egg Yolks," was false and misleading and tended to deceive 
and mislead the purchaser when applied to an article that was colored with 
annatto.
On November 8, 1937, and January 14, 1938, the claimant for the goods 
seized at New York City having consented to the entry of a decree and the 
claim in the other proceeding having been withdrawn, judgments of condemna- 
tion were entered. The former lot was ordered delivered to a charitable agency 
and the latter lot was ordered destroyed.
HARRY L. BROWN, Acting1 Secretary of Agriculture.