7197. Misbranding of dietetic macaroni.    U. S. v. 12 Cases of Macaroni.    Default
decree of condemnation and destruction.     (F. D.  C. No.  12768.    Sample 
No. 50297-F.)
'LIBEL FILED:   June 27, 1944, Western District of Pennsylvania. 
ALLEGED SHIPMENT:    On or about March 29 and April 21, 1944, by Buitoni 
Products, Inc., from New York, N. Y.
PRODUCT: 12 cases, each containing 24 4-ounce packages, of macaroni at 
Pittsburgh, Pa.
Analysis showed that the article consisted of wheat flour, soy flour, wheat 
germ, a milk product, added vitamin Bi, and iron, and contained substantially 
more carbohydrates than the 38.70 percent indicated in the labeling. The 
macaroni was wrapped in paper and placed in packages which were the same size 
as packages used to hold 8 ounces of macaroni. The macaroni occupied less 
than half the volume of,the packages.
LABEL IN PART:   "Buitoni    *    *    *   40% Protein Special Dietetic Macaroni."
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement "24—8 oz. 
Packages," which appeared on the cartons containing the packages, was false 
and misleading since the cartons contained 24 4-ounce packages; and the 
following statements which appeared on the packages containing the article 
were misleading: "Ingredients: Wheat Protein (Gluten), Soy Protein, Milk 
Protein, Wheat Germ, Vitamin B-1, Iron," since the article did not consist 
of the three proteins listed together with wheat germ, vitamin Bi, and iron, but 
contained other ingredients; "Approximate Analysis * * * Carbohydrates 
38.70%," since the product contained substantially more carbohydrates; 
"In this exceptionally nutritious product Wheat and Soy Proteins have been 
enriched with the Protein of the Milk, thus obtaining a biologically complete 
equivalent to Meat Protein," since the article was not a mixture of proteins, 
did not provide the nutritional values of meat, and was not of particular im- 
portance by reason of the combination of proteins it contained because it is 
not necessary that any one food in the ordinary mixed diet provide a biologically 
complete protein; "Due to its very low carbohydrates content, this product 
is especially recommended in Starch and Sugar restricted diets," since it con- 
tained a substantial amount of carbohydrates; "Each 4 oz. of Buitoni Dietetic 
Macaroni provides approximately % minimum daily requirement of Protein," 
since this declaration exaggerated the quantity of protein provided by the 
product (4 ounces of macaroni is not the amount that would be customarily 
or usually consumed a period of 1 day by an average individual, and no definite 
"protein requirement" for man has been established); "Comparative Protein 
Analysis Buitoni Dietetic Macaroni 40% * * * Meat 14 to 18% * * * 
Bread 9 to 10% Potatoes 2 to 3%," since the protein content of the article 
was substantially reduced when prepared for eating by reason of added water, 
which is not the case with meat, bread, and potatoes.
Further misbranding, Section 403 (d), the container was so filled as to be 
misleading since the macaroni occupied less than half the volume of the package; 
and, Section 403 (j), the article purported to be and was represented as a food 
for special dietary uses hy man by reason of its vitamin Bi and mineral content 
(including phosphorus, calcium, and potassium), and its label failed to bear,
as required by the regulations, a statement of the proportion of the minimum 
daily requirement of minerals (other than iron) supplied "by the food, and 
the statements concerning vitamin Bi and iron were not set forth in terms of 
the amount which is reasonably suitable for and practicable of consumption 
during a period of 1 day, 4 ounces being in excess of that amount. 
DISPOSITION: September 29, 1944. No claimant having appeared, judgment 
of condemnation was entered and the product was ordered destroyed.