5585. Adulteration and misbranding of noodle soup.   U. S. v. 25 Cartons of Noodle 
N Soup.    Decree of condemnation.    Product ordered destroyed or delivered
\ to a welfare organization.    (F. D. C. No. 10138.    Sample No. 14363-F;)
' Examination showed this product consisted of a mixture of egg noodles with 
chicken fat, hydrogenated vegetable oil, and artificial flavoring.;
On or about July 6, 1943, the United States ¦attorney for the District of Oregon 
filed a libel against 25 cases of noodle soup at Eugene, Oreg:, alleging that the 
article had been shipped in interstate commerce on or about May 15,1943, by the 
Aldama Products Co. from Los Angeles, Calif.; and charging that it was adul- 
terated and misbranded. The article was labeled in part: (Envelope) "E. Z. 
Noodle Soup" (Picture of a hen). The envelope also bore the words "Real 
Chicken Fat" in large prominent type and the statement, "Ingredients: Contains 
Real Egg Noodles, Chicken Fat, Hydrogenated Vegetable Oil * * * Artifi- 
cially Flavored 3 Qzs. Net Wt.?' in small, inconspicuous type.
The article was alleged to be adulterated in that a substance containing both 
chicken fat and vegetable oil had been substituted for an article purporting to 
contain fat derived from chicken only.
The article was alleged to be misbranded in that the statement "With Chicken 
Fat," appearing on the display carton and shipping case, and the prominent state- 
ment "Real Chicken Fat," and the picture of a hen appearing on the envelope, 
were misleading since they implied that the fat present was all chicken fat; 
whereas hydrogenated vegetable oil was also present* and this impression was 
not corrected by the inconspicuous ingredient declaration. It was. alleged to be 
misbranded further in that the statement of ingredients, required by the Act to 
appear on the label or labeling, was not prominently placed thereon with such 
conspicuoushess, as compared with other words, statements, designs, or devices 
in the labeling, as to render it likely to be read by the ordinaryindividual under 
customary conditions of purchase and use.
On August 4,1943, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed or delivered to a welfare organi- 
zation.