9659. Adulteration and misbranding of macaroni and noodle products.    V. S. v.
29 Cases of Macaroni and 102 Cases of Noodles (and 1 other seizure 
action against macaroni and noodle products). Default decrees of con- 
demnation. Portion of products ordered delivered to a charitable insti- 
tution; remainder ordered destroyed. (F. D. C. Nos. 16197, 16487. 'Sample 
Nos. 9464-H, 9466-H, 10489-H, 10490-H.)
LIBELS FILED :   May 17 and June 20, 1945, Western District of Pennsylvania.
ALLEGED SHIPMENT : Between the approximate dates of April 6 and May 25,1945, 
bj the Gioia Macaroni Co., Inc., from Rochester, N. Y.
PRODUCT: 29 cases, each containing 4 5-pound packages, of elbow macaroni 
and 102 cases, each containing 12 12-ounce packages, of noodles at Erie, Pa.; 
and 21 cases, each containing 20 1-pound packages, of macaroni products at 
Pittsburgh, Pa. Examination showed that the Erie lot contained rodent hair 
fragments; that the Pittsburgh lot was deceptively packaged, since the prod- 
ucts occupied about 75 percent of the volume of the packages; and that a 
portion of the latter lot was short of the declared weight.
LABEL, IN PART: "Gioia Brand Macaroni Stortini [or "Elbows"]," "Gioia 
Brand Pure Egg Noodles Wide [or "Medium"]," or "Gioia Brand Magliette 
No. 22 [or "Acine Di Pepe No. 34"J Highest Quality   Macaroni Products."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), (Erie lot) the articles 
consisted in whole or in part of filthy substances; and, Section 402 (a) (4), 
they had been prepared under insanitary conditions whereby they may have 
become contaminated with filth.
Misbranding, Section 403 (d), (Pittsburgh lot) the containers of the arti- 
cles were so filled as to be misleading since the products occupied, on an aver- 
age, only about 75 percent of the volume of the packages; and, Section 403 
(e) (2), a portion failed to bear labels containing an accurate statement of 
the quantity of the contents.
DISPOSITION : June 26 and September 21, 1945. No claimant having appeared, 
judgments of condemnation were entered. It was ordered that the adulter- 
ated products be destroyed, and that the misbranded products be delivered 
to a charitable institution.