United States v. Cataldo

MAHONEY, Circuit Judge.

This is an appeal from the dismissal of a libel brought under the Federal Food, Drug, and Cosmetic Act of 1938, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq., for the condemnation of certain articles of food consisting of 193 cartons, more or less, each containing 18 boxes of a food labeled in part: “Benevento Brand Nougat Net Weight 9 Ounces Contains 18 Pieces Weighing % Ounce Each, Consisting of Sugar, Honey, Almonds, Egg Whites, Cinnamon, Wafer * * * which were shipped in interstate commerce from Boston to Providence. The libel charged misbranding within the meaning of §…