United States v. 267 Boxes of Macaroni

Citations

• 225 F. 79
• 1915 U.S. Dist. LEXIS 1221

Syllabus

<p>1. Food ©=15—Misbranding—Statutory Provisions—Intent.</p> <p>The purpose ,of Food aud Drugs Act June 30, 1906, c. 3915, § 8, 31 Stat. 77i (Comp; St. 1913, § 872-1), providing that an article shall he deemed misbranded, if labeled or branded so as to deceive or mislead the purchaser, or to purport to be a foreign produel; when it is not so, is to protect the public from deception, and the intent of one charged with misbranding is immaterial.</p> <p>[Ed. Note.—For other cases, see Food, Cent. Dig. § 15; Dec. Dig. @=>15.¡</p> <p>2. Food ©=>15—“Misbrand”—Acts Constituting.</p> <p>Where macaroni manufactured in the United States bore a label containing Italian words, including the name of a town in Italy where macaroni is extensively manufactured, and the general purchaser, looking at the label, would conclude that it represented an Italian product, the macaroni was “misbranded,” within Food and Drugs Act, § 8, though the letters “Mfg. U. S. A.” appeared in small type within less than an inch of space on a very narrow white margin on the lower edge of the label.</p> <p>[Ed. Note.—For other cases, see Food, Cent. Dig. § 14; Dec. Dig. @=>15.</p> <p>For other' definitions, see Words and Phrases, Second Series, Misbrand.!</p> <p>©^sFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>