22275. Misbranding of noodles.      IT.  S. v.  150  Cases  of  Noodles.     Decree
of condemnation and forfeiture.     Product  released under  bond 
to be relabeled.     (F. & D. no. 32034.     Sample no. 66579-A.)
Sample cans of noodles taken from the shipment in this case were found 
to contain less than 5 ounces, the weight declared on the label.
On February 27, 1934, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 150 cases of noodles at 
Denver, Colo., consigned by the La Choy Food Products Inc., Detroit, Mich., 
alleging that the article had been shipped in interstate commerce on or about 
January 11, 1934, from Detroit, Mich., and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
" Contents 5 oz. La Choy Chow Mein Noodles La Choy Food Products, Inc. 
Detroit, Mich."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Contents 5 Oz.", was false and misleading and de- 
ceived and misled the purchaser; and for the further reason that it was 
food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package.
On April 3, 1934, the La Choy Food Products, Inc. having appeared as 
claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the claimant upon payment of 
costs and the execution of a bond in the sum of $958.08, conditioned that it 
be repacked or relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.