13037. Adulteration and misbranding of spaghetti and macaroni. TJ. S. v. Cali- fornia Vulcan Macaroni Co. and Augustin Bacigalupi. Pleas of nolo con- tendere. Total fines $2,250. (F. D. C. No. 24509. Sample Nos. 75335-H, 75729-H, 32006-K.) INFORMATION FILED : March 18,1948, Northern District of California, against the California Vulcan Macaroni Co., a corporation, San Francisco, Calif., and Augustin Bacigalupi, president. ALLEGED VIOLATIONS : The defendants were charged with giving to various firms false guaranties, as follows: On or about February 2, 1944, the defendants gave to Theo H. Davies & Co., San Francisco, Calif., a guaranty to the effect that any food, drug, or cosmetic sold or delivered by the defendants to the holder of the guaranty would comply with the Federal Food, Drug, and Cos- metic Act. On or about May 6 and July 15, 1947, respectively, the defendants gave similar guaranties to Juillard Fancy Foods and Alexander & Baldwin, Ltd., of San Francisco, Calif. On or about April 10, and May 6, 1947, respec- tively, the defendants sold and delivered to Theo H. Davies & Co., and Juillard Fancy Foods, quantities of spaghetti which was adulterated; and on or about September 19,1947, the defendants sold and delivered to Alexander & Baldwin, Ltd., a quantity of macaroni which was misbranded. The products so sold, delivered, and guarantied by the defendants were shipped by the holders of the respective guaranties from the State of California to the Territory of Hawaii on or about April 17, May 13, and October 23,1947. 9 Act of June 30, 1906, c. 3915, 34 Stat. 768, as amended. 10 See § 902 (a) of the Federal Food, Drug and Cosmetic Act, -52 Stat. 1059, and notes appended to 21 U. S. C. A., § § 14 and 392. 11 A. United States v. Tanner, 147 U. S. 661; United States v. Missouri Pac. B. Co., 278 U. S. 269 ; Texas Pac. B. Co. v. United States, 289 U. S. 627 ; Koshland v. Helvering, 298 U. S. 441; Estate of Sanford v. Commissioner, 308 U. S. 39 ; "Neuberger v. Commissioner, 311 U. S. 83; Interstate Commerce Commission v. Railway Labor Executives Assn., 315 U. S. 373; JeweU Bidge Coal Corp. v. Local No. 6161, 325 U. S. 161. lina Spaghettini," or "Royal Vitamin Enriched Ingredients: Semolina, Vita- min Bi, Vitamin B2, Niacin, Iron pyrophosphate. Macaroni * * * Four ounces when cooked supply the following of adult minimum daily requirements: Vitamin B* 50% Vitamin B215% Iron 32.5% and 4.0 mg. Niacin." NATURE OF CHARGE: Spaghetti. Adulteration, Section 402 (a) (3), the product consisted in part of a filthy substance by reason of the presence of insect frag- ments ; and, Section 402 (a) (4), it had been prepared and packed under insani- tary conditions whereby it may have become contaminated with filth. Enriched macaroni. Misbranding, Section 403 (g) (1), the product pur- ported to be and was represented as enriched macaroni, and it failed to conform to the definition and standard of identity for enriched macaroni since it con- tained in each pound less than 4 milligrams of thiamine and less than 13 milli- grams of iron; and, Section 403 (a), the label statements "Comparative Food Values of Macaroni and Other Foods Calories Lean steak . . . 950, Pota- toes . . . 365, Parsnips . . . 295. Beets . . . 230, Carrots . . . 195, Onions . . . 190, String beans ... 170, Turnips ... 160, Cabbage... 115, Lettuce... 65, Maca- roni ... 1665," were misleading, since the statements represented and suggested that macaroni had the highest food value of any of the foods mentioned, whereas macaroni does not have the highest food value of any of the foods mentioned. Further misbranding, Section 403 (a), the label statement "Four ounces when cooked supply the following of adult minimum daily requirements: Vitamin Bt 50% Vitamin B2 15% Iron 32.5% and 4.0 mg. Niacin" was false and misleading, since four ounces of the article would not supply the stated proportions of the minimum daily requirements of vitamin Bi, vitamin B2, and iron, and would not supply four milligrams of niacin. DISPOSITION : April 14, 1948. Pleas of nolo contendere having been entered, the defendants were each fined $1,125, a total of $2,250.