United States v. 267 Boxes of Macaroni

• Decision Date: 17 February 1915
• Docket Number: 3799.
• Citation: 225 F. 79
• Parties: UNITED STATES v. 267 BOXES OF MACARONI.
• Court: U.S. District Court — Western District of Pennsylvania

225 F. 79

UNITED STATES v. 267 BOXES OF MACARONI.

No. 3799.

United States District Court, W.D. Pennsylvania.

February 17, 1915

On December 11, 1914, the United States attorney for the Western District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district a libel for the seizure and condemnation of 267 boxes of macaroni, remaining unsold in the original unbroken packages at Pittsburgh, Pa., alleging that the product had been shipped on or about November 7 and 14, 1914, and transported from the state of New York into the state of Pennsylvania, and charging misbranding in violation of the Food and Drugs Act. The product was labeled 'Gusto Igiene Nettezza Pastificio Moderno Elettrico Con Prosciugazione Artificiale Vitello Brand Torre Annunziata (Italy Method) Mfg. U.S.A.' In addition the label bore pictorial representations of three persons, a dining scene etc. Boxes were also branded by means of rubber stamp '20 lb. net artificially colored.' Misbranding of the product was alleged in the libel, for the reason that it was labeled and branded so as to deceive and mislead the purchaser; that is to say, the appearance and construction of the label conveyed the impression that the goods were of foreign manufacture, and this effect was not cured by the statement in minute type on the bottom of the label, 'Mfg U.S.A.'

On December 28, 1914, Thomas Monico and August E. Alles partners, doing business as Monico-Alles Company, New Castle, Pa., claimants, filed their answer, denying the material allegations in the libel. On February 17, 1915, the case having come on for trial before the court, after the submission of evidence and argument by counsel, the court found the product misbranded and ordered its condemnation, but provided that the same might be released to said claimants upon filing of bond, in conformity with section 10 of the act, and the payment of costs.

E. Lowry Humes, U.S. Atty., of Pittsburgh, Pa.

Miller, Vogan & Nesbitt, of Pittsburgh, Pa., for defendant.

THOMSON District Judge.

The libel in this case was for the seizure and condemnation of 267 boxes of macaroni, remaining unsold in the original, unbroken packages at Pittsburgh, Pa. The libel alleges that the product was shipped by the Dunkirk Macaroni & Supply Company of Dunkirk, N.Y., and transported from the state of New York, and charges that the same was misbranded, in violation of section 10 of the Pure Food and Drugs Act, as defined in subsection 2, which defines what usually may be considered as misbranding of foods under the act of Congress. The said food product was seized by the United States marshal in the possession of certain parties in Pittsburgh, Pa., and was claimed by Thomas Monico and August E. Alles, partners doing business as Monico-Alles Company, who answered, and were made parties to the proceedings by the execution of bond in accordance with section 26 of the admiralty rules of this court. The libel sets forth a copy of the label on each of the boxes of the macaroni so seized, as follows:

'Gusto Igiene Nettezza Pastificio Moderno Elettrico Con Prosciugazione Artificiale Vitello Brand Torre Annunziata (Italy Method) Mfg. U.S.A.'

In addition the label bears pictorial representations of three persons, a dining room scene, etc.; and boxes are branded by means of a rubber stamp, '20 lb. net artificially colored.' The libel also points out specifically the respect in which the product was misbranded as follows:

'That said product, so designated as aforesaid, as analyzed by the Bureau

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