18888. Adulteration and Misbranding of Italian Dinner. TJ. S. v. 88 Cases 
of Italian Dinner. Consent decree of condemnation and forfei- 
ture. Product released under bond./ (F. & D. No. 26895. I. S. No. 
22312.     S. No. 5076.)
Examination of a product, known as Italian Dinner, having shown that one 
of the components of the article consisted of cheese containing added lactose 
and the constituents of skimmed milk, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of 
Washington.
On August 18, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 88 cases of the said Italian Dinner, remaining in the original 
unbroken packages at Seattle, Wash., alleging that the article had been shipped 
by the Delray Corporation, San Francisco, Calif., on or about August 4, 1931, 
and had been transported from the State of California into the State of 
Washington, and charging adulteration and misbranding in violation of the 
food and drugs act.
The article was labeled in part: (Case) "Del Ray Italian Dinner Spaghetti 
or Macaroni with Mushroom Sauce and Grated Cheese; " (package) " Del Ray 
Italian Dinner Macaroni [or " Spaghetti"] With Mushroom Sauce and Cheese 
Seasoning * * * Contents * * * Cheese Seasoning 1 oz.;" (envelope) 
" Del Ray Fine Foods ' I Serve' Italian Blend Grated Cheese for Spaghetti and 
Macaroni and for Savory Dishes Au Gratin made of part skim milk and en- 
riched with milk sugar, milk albumen and other vitamin containing milk solids. 
Delray Corporation San Francisco;" (can label" "Del-Ray Fine Foods 'I 
Serve' Italian Mushroom Sauce."
Adulteration was alleged in substance in the libel for the reason that, with 
respect to the cheese component, other substances containing lactose had been 
substituted in.part for the article.
Misbranding was alleged for the reason that the statements on the labeling, 
" Grated Cheese" and " Cheese Seasoning," were false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of 
another article.
On October 5, 1931, the Delray Corporation, San Francisco, Calif., claimant, 
having admitted the allegations of the libel and having consented to the entry
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $400, conditioned 
in part that it be relabeled under the supervision of this department, and 
should not be sold or otherwise disposed of contrary to the provisions of the 
Federal food and drugs act, or the laws of any State, Territory, district, or 
insular possession.
AETHUB M. HYDE, Secretary of Agriculture.