4429.  Adnltex*ation   and   misbranding'   of  macaroni.     U.   S.   v.   The   Italian.?
Importing Co., a corporation,    Plea of guilty.    Fine, $50.     (F. & D.
No. 6370.    I. S. No. 6084-h.)
On November 3, 1915, the United States attorney for the Southern District?
of New York, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against?
the Italian Importing Co., a corporation, New York, N. Y., alleging shipment by?
said company, in violation' of the Food and Drugs Act, on January 7, 1914, from?
the State of New York into the State of Maryland, of a quantity of macaroni?
which was adulterated and misbranded. The article was labeled, in part:?
"Trade Mark (Design of globe bearing the words 'The Italian Importing Co.?
of New. York') L Bandiera Brand Super Extra Quality of Macaroni Serial?
No. 19441." (Design of lion and Italian flag. Sprays of wheat) (Stenciled on?
one side) "22 lbs. Net." (On other) " Maccaroncelli." (On top) " Order Ital.?
Imp. Co."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed the following results:
Moisture (per cent)?
,?: 11.90
Ash  (per cent)?
    0.408
Nitrogen  (per cent)?
    1. 8
Protein (percent)?
?.?11.25
Colored with Napthol Yellow S.
Residue from ammoniacal alcoholic extract shows semolina absent.
Adulteration of the article was alleged in the information for the reason that?
an inferior macaroni, prepared in whole or in. part from a flour other than?
durum semolina, the material from which the best grade of macaroni is made,?
and artificially colored to simulate the natural appearance of macaroni made?
wholly from durum semolina, had been substituted in whole or in part for?
super extra quality macaroni, which the article purported to be. Adulteration?
was alleged for the further reason that the article was an inferior macaroni?
prepared in whole or in part from a flour other than durum semolina, as afore??
said, and the same was colored with a certain dye, to wit, Napthol yellow S,?
in a manner whereby the inferiority of the article was concealed.
Misbranding was alleged for the reason that the statement, to wit, " Super?
Extra Quality of Macaroni," appearing on the label, regarding the article and?
the ingredients and substances contained therein, was.false and misleading?
in that it indicated that the article was a superior quality of macaroni, and was?
such as to deceive and mislead the purchaser into the belief that it was a?
superior quality of macaroni, whereas, in truth and in fact, it-was not, but was?
an inferior quality of macaroni artificially colored to simulate the appearance?
of a superior quality of macaroni. Misbranding was alleged for the further?
reason that the statements regarding the article and the ingredients and sub??
stances contained therein, to wit, " La Bandiera Brand " and " Maccaroncelli,"?
together with the general style of the label showing the design and device of?
the Italian flag, were false and misleading in that they purported that the ar??
ticle was manufactured in the Kingdom of Italy and were calculated to de??
ceive and mislead the purchaser into the belief that it was manufactured in?
the Kingdom of Italy, whereas, in truth and in fact, it was not, but was manu??
factured in the United States of America.
On November 8, 1915, the defendant company entered a plea of guilty to?
the information, and the court imposed a fine of $50.
CARL VBOO-MAN, Acting Secretary of .Agriculture.
680	
BTJBEATJ   OF   CHEMISTEY.	
{Supplement 19,