10547. Adulteration   and misbranding of   macaroni   products.      U.   S.   v.   22
Cases * * * (and 6 other seizure actions). (F. D. C. Nos. 18064, 
18109, 18114, 18132, 18263, 18360, 18428. Sample Nos. 3243-H, 10360-H 
to 10363-H, incl., 10370-H to 10372-H, incl., 10970-H, 52601-H.)
LIBELS FILED : Between November 2 and 24, 1945, Western District of Virginia, 
Northern and Southern Districts of Ohio, Southern District of Indiana, and 
Northern District of West Virginia.
ALLEGED SHIPMENT: Between the approximate dates of July 5 and September 
26, 1945, by the Vimco Macaroni Products Co., from Carnegie, Pa.
PRODUCT: 149 cases of macaroni and 247 case of spaghetti at Staunton, Va., 
Bellaire and Warren, Ohio, Indianapolis, Ind., and Wheeling, New Martins- 
ville, and Terra Alta, W. Va.
"Mayfair Club Elbow Macaroni [or ."Spaghetti"]," "First Prize Spaghetti," 
"La Carnegie Brand Macaroni Products * * * Elbows [or "Spaghetti"]," 
or "Kenny's   Spaghetti."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles in 5 of the 
shipments consisted in whole or in part of filthy substances by reason of the 
presence of rodent hairs, rodent hair fragments, and insect fragments; and, 
Section 402 (a) (4), they had been prepared under insanitary conditions 
whereby they may have become contaminated with filth.
Misbranding, Section 402 (d), the containers of 1 of the shipments referred 
to above, and of the 2 remaining shipments, were so filled as to be misleading 
since the article in 1 shipment occupied on an average only about 45 percent 
of the capacity of the package, and the articles in 2 other shipments occupied 
on an average about 65 percent and 70 percent, respectively, of the capacity of 
the packages.
DISPOSITION: Between December 12, 1945, and March 18, 1946. No claimant 
having appeared, judgments of condemnation were entered and the products 
were ordered destroyed.