28821. Egg noodles.    (F.D.C. No. 47894.    S. Nos. 16-033 T, 24-233 T.) 
INFORMATION FILED:   11-19-62, W. Dist. Ky., against Delmonico Foods, Inc.,
Louisville, Ky., and Peter J. Viviano, president.
SHIPPED : 11-21-61 and 12-21-61, from Louisville, Ky., to Cincinnati and Cleve- 
land, Ohio.
LABEL IN PART: (Bags) "DELMONICO Vitamin Enriched 12 Ounces Net 
PURE EGG NOODLES MADE BY DELMONICO FOODS, INC., LOUIS- 
VILLE, KENTUCKY Made from Fancy Flour and 5%% Egg Yolk Solids" 
and "NET WEIGHT 1 LB. FISHER'S ENRICHED PURE EGG NOODLES 
5%% Egg Solids   DISTRIBUTED BY THE FISHER BROS. CO."
CHARGE: 402(b) (1)—when shipped, a valuable constituent, namely, egg solids, 
had been in part omitted from the article; and 403(a)—the statements "Made 
from Fancy Flour and 5%% Egg Yolk Solids" and "5%% Egg Solids" which 
appeared on the labeling were false and misleading in that they represented 
and suggested that the article contained 5% percent egg or egg yolk solids 
whereas the food contained less than 5% percent egg or egg yolk solids; and 
403(g) (1)—the article purported to be and was represented as egg noodles, a 
food for which a definition and standard of identity had been prescribed by 
regulations,- and it failed to conform to such definition and standard since the 
total solids of the article contained less than 5.5 percent by weight of the solids 
of egg or egg yolk.
PLEA :   Nolo contendere. 
DISPOSITION:   3-25-63.   $1,000 fine.
MISCELLANEOUS CEREALS AND CEREAL PRODUCTS