28837. Adulteration and misbranding of eggr noodles.    U. S. v. 10 Cartons, 60
Cartons, 20 Cartons, and 20 Cartons of Ess Noodles.   Default decree of 
condemnation.  Product  delivered to charitable Institutions.     (F. & D.
No. 41675.   Sample Nos. 1437-D to 1440-D, incl.)
This product was deficient in egg content. A portion also contained added 
color and a portion was short weight.
On February 10, 1938, 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 110 cartons of egg noodles at Balti- 
more, Md., alleging that the article had been shipped in interstate commerce on 
or about January 21, 1938, from Wilkes-Barre, Pa., by Blue Ribbon Egg Noodle 
Co., Inc., and charging adulteration and misbranding, in violation of the Food 
and Drugs Act.
The article, except the 10-carton lot, was alleged to be adulterated in that it 
was colored in a manner whereby inferiority was concealed.
The entire shipment was alleged to be misbranded in that the statement "Pure 
Egg Noodles" was false and misleading and tended to deceive and mislead the 
purchaser when applied to articles deficient in egg content; and, except in the 
case of the 10-carton lot, when applied to articles that contained added yellow 
coal-tar color. The 10-carton lot was alleged to be misbranded further in that 
the statement "Net Wt. 1 Lb." was false and misleading and tended to deceive 
and mislead the purchaser as applied to an article that was short weight
On March 18, 1938, no claimant having appeared, judgment of condemnation 
wag entered and the product was ordered delivered to charitable institutions.
M. L. WILSON, Acting Secretary of Agriculture.