4540. Adulteration and misbranding of Egg Fusillini.    U. S. v. Silvio .Bernaudo
(Impero Fusilli Co.). Plea of g:uilty. Fine, $1,000; and 4 months in jail 
on count 1, sentence suspended on remaining: 7 counts, and defendant 
placed on probation for 2 years. (F. D. C. No. 8756. Sample Nos. 17024-F, 
17326--F to 17328-F, inel.)
On April 3, 1943, the United States attorney for the Eastern District of New 
York filed an information against Silvio Bernaudo, trading as the Impero Fusilli 
Co., at Brooklyn, N. Y., alleging shipment within the period from on or about 
July 9 to September 2, 1942, from the State of New York into the State of New 
Jersey of quantities of alimentary paste that was adulterated and misbranded. 
The article was labeled in part: "Impero Made from No. 1 Semolina Fusillini 
All uoyo Egg Fusillini Made with pure Fresh Eggs."
The article was alleged to be adulterated (i) in that egg, a valuable constituent 
of egg alimentary paste, had been in part omitted; (2) in that artificially colored 
alimentary paste, containing materially less egg solids than egg alimentary paste 
should contain, had been substituted wholly or in part for egg alimentary paste; 
(3) in that its inferiority had been concealed by the addition of artificial color, 
which had been mixed or packed therewith so as to make it appear better and of 
greater value than it was; and (4) in that it contained a coal tar color other 
than one from a batch that had been certified in accordance with regulations as 
provided by law.
It was alleged to be misbranded (1) in that the statements "Egg" and 
"AU Ovo" were false and misleading, and (2) in that it contained artificial 
coloring and did not bear labeling stating that fact.
imposed a fine of $1,000 and 4 months in jail on the first count, and suspended , 
sentence on tie remaining 7 counts; placing the defendant on probation for 2 years.