5115. Adulteration and misbranding of macaroni.   U. S. v. 15 Cases of Macaroni
(and 8 additional seizure actions against alimentary paste products). 
Default decrees of condemnation. One lot ordered delivered to a chari- 
table institution. The remaining lots ordered destroyed. (F. D. C. Nos. 
9723, 9831, 9996, 9997. 10009, .10021, 10085, 10086, 10101. Sample Nos. 
19634-F, 19636-F, 22046-F, 23234-F, 23260-F, 23295-F to • 23298-lr, incl., 
23705-F, 23706-F.)
Portions of the product contained' insect fragments and rodent or cat hair 
fragments. The remainder was artificially colored to simulate alimentary 
pastes containing a higher proportion of egg than was present.
Between March 29 and June 16, 1943, the United States attorneys for the 
Eastern and Western Districts of Pennsylvania and the District of Massachusetts 
filed libels against 620 cases, each containing 20 packages, of various alimentary 
paste products at Philadelphia, Pa., 78 cartons, each containing 20 packages, of 
various aliirientary paste products at Boston, Mass., and 150 cartons, each con- 
taining 20 packages, of various alimentary paste products at Indiana, Pa., 
alleging that the article had been shipped in interstate commerce within the 
period from on or about February l to May 20,1943, by the Vittoria Macaroni Co. 
from Maspeth, N. Y.; and charging that it was adulterated and misbranded. Por- 
tions of the article were labeled in part: "Vittoria Fusilli Col-Buco," "Indiana 
Brand," "Lion Brand," or "Vittoria Specialties." One lot was labeled in par' 
"Indiana Brand Fusilli Made from No. 1 Semolina Guaranteed to comply wi 
State and Federal Pure Food Laws * * * Manufactured by Indiana Maca- 
roni Co., Inc., Indiana, Pa."
The lots located at Boston, Mass., Indiana, Pa., and all but two of the lots 
located at Philadelphia, Pa., were alleged to be adulterated in that they con- 
sisted, in whole or in part of filthy substances, and in that they had been prepared 
under'insanitary conditions whereby they may have become contaminated with 
filth. Two of the lots located at Philadelphia, Pa., were alleged to be adulterated 
(1) in that a valuable constituent, egg, had been in whole or in part omitted 
therefrom; (2) in that artificially colored alimentary paste deficient in egg solids 
had been substituted wholly or in part for egg alimentary paste, which the article 
purported to be; (3) in that inferiority had been concealed by the addition of 
artificial color; (4) in that artificial color had been added thereto or mixed or 
packed therewith so as to make it appear better or of greater value than it was; 
and (5) in that it contained coal-tar color other than one from a batch that had 
been 

certified in accordance with regulations as provided by law. The lots 
located at Philadelphia were also alleged to be misbranded in that the name 
"Egg Fusilli," appearing on the label, was false and misleading as applied to an 
alimentary paste deficient in egg solids and artificially colored.
The lot located at Indiana, Pa., was alleged to be misbranded in that the 
statement "Guaranteed to comply with State and Federal Pure Food Laws" was 
false and misleading as applied to a filthy product prepared under insanitary 
conditions. It was alleged to be misbranded further in that the statement 
"Manufactured by Indiana Macaroni Co., Inc., Indiana, Pa.," was false and mis- 
leading since the article was manufactured by the Vittoria Macaroni Co., 
Maspeth, N. Y.        -
Between April 20,1943, and August 2,1943, no claimant having appeared, judg- 
ments of condemnation were entered. One of the lots located at Philadelphia, Pa., 
was ordered distributed to a charitable institution. The remaining lots were 
ordered destroyed.