1042. Misbranding of spaghetti dinner.     17. S. v. 504 Cases of Spaghetti Dinner.
Consent decree of condemnation.     Product ordered released under bond 
to be repackaged.     (F. D. C. No. 2242.    Sample No. 1345-E.)
This product consisted of a package of spaghetti, a can of sauce, and a can 
of grated cheese enclosed in a carton. The carton had a false bottom which 
occupied about 30 percent of its capacity. The package containing the spa- 
ghetti was also deceptive since the spaghetti occupied less than 60 percent of 
the volume of the package.
On June 19, 1940, the United States attorney for the District of Maryland filed 
a libel against 504 cases of spaghetti dinner at Baltimore, Md., alleging that 
the article had been shipped in interstate commerce on or about May 7 and 
.31, 1940, by the Chef Boiardi Food Products from Milton, Pa.; and charging 
that it was misbranded in that its containers were so made, formed, or filled 
as to be misleading. The article was labeled in part: (Carton) "Lido Club 
Spaghetti Dinner."
On July 17, 1940, the Chef Boiardi Food Products Co., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under bond conditioned that it be repack- 
aged and not disposed of in violation of the law.