5806. Adulteration and misbranding of egg noodles. U. S. v. Prince Macaroni
Manufacturing Co. Plea of guilty. Fine, $100. (F. D. C. No. 9665.
Sample Nos. 18749-F, 19873-F.)
INFORMATION FILED: June 28, 1943, District of Massachusetts, against the Prince
Macaroni Manufacturing Co., a corporation, Lowell, Mass.
ALLEGED SHIPMENT: From on or about October 15 to November 14, 1942, from
the State of Massachusetts into the States of New York and Rhode Island.
LABEL, IN PART: (Packages) "Pure Egg Noodles."
VIOLATIONS CHARGED: Adulteration, Section 402 _ (b) (1), a valuable constituent,
eggs, had been in whole or in part omitted from the article; Section 402 (b) (2),
artificially colored noodles, containing less egg solids than egg noodles should
'contain, had been substituted in whole or in part for egg noodles, which the
article was represented to be; Section 402 (b) ( 3), it was inferior to egg noodles
and its inferiority had been concealed by the addition of artificial color ; Section
402 (b) (4), artificial color had been added to or mixed or packed with
the article so as to make it appear better or of greater value than it was; and,
Section 402 (c), it contained a coal-tar color other than one from a batch that
hacf been certified.
Misbranding, Section 403 (a), the statements "egg noodles" and (portion)
"Contains * · * * 51/2 % of solid egg yol],{," appearing in the label, were
false and misleading. since the article did not consist of egg noodles and the said
portion did not contai:n 5¼ percent of solid egg yolk; and, Section 403 (b), the
article was not egg noodles, but was a food containing a smaller amount of eggs
than egg noodles should contain, and it was offered jor sale under the name
of another food, egg noodles.
DISPOSITION : October 18, 1948. A plea of guilty was entered on behalf of the
defendant and the court imposed a fine of $100.