523. Misbranding of  macaroni.     U.   S.  v.  22  Cases,  31  Cases,  and  17  Cases  of
Macaroni.     Default  decree  of condemnation and destruction.     (F.  D.  C.
No. 1119.    Sample Nos. 73269-D, 73270-D, 73271-D.)
Examination showed that the packages of this product were slack-filled, those 
in one lot being filled to about one-half and those in the remaining lots being 
filled to about three-fourths of their capacity.
On December 5, 1939, the United States attorney for the District of Nevada 
filed a libel and on February 2, 1940, an amended libel against 22 cases of salad 
macaroni, 31 cases of semolina macaroni, and 17 cases of elbow macaroni at 
Reno, Nev., alleging that the article had been shipped in interstate commerce 
on or about June 16, July 28, September 12, and October 6, 1939, by the Fontana 
Food Products Co. from San Francisco, Calif.; and charging that it was mis- 
branded.
The article was alleged to be misbranded in that the statement, "Packed and 
Guaranteed by the Fontana Food Products Company to conform with all pure 
food laws," was false and misleading, since the containers were deceptive and 
in violation of the law. It was alleged to be misbranded further in that the 
containers were so made, formed, or filled as to be misleading.
On February 29, 1940, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.