192. Misbranding of macaroni and spaghetti.     U. S. v. 22, 84, and 57 Cases of
Macaroni and Spaghetti (and 2 other seizure actions against macaroni 
and spaghetti). Default decrees of condemnation. Portion of products 
ordered delivered to charitable organizations; remainder ordered de- 
stroyed. (F. D. C. Nos. 703, 704, 705. Sample Nos. 65989-D to 65993-D, 
incl.)
These products were short weight, the packages were slack-filled and in four 
of the five lots the statement of the quantity of the contents was inconspicuous. 
221853°—40 2
On October 10 and 11, 1939, the United States attorneys for the Southern 
and Middle Districts of Georgia filed libels against 163 cases of macaroni and 
spaghetti at Waycross, Ga.; 46 cases of macaroni at Valdosta, Ga.; and 44 cases 
of macaroni at Nashville, Ga., alleging that the articles had been shipped in 
interstate commerce by Ferlita Macaroni Co., Inc., from Tampa, Fla., within the 
period from on or about May 15, 1939, to on or about September 13, 1939; and 
charging that they were misbranded. Portions of the articles were labeled in 
part: "Tampa-Maid Brand Spaghetti [or "Macaroni"] * * * Ferlita Maca- 
roni Co., Inc. Tampa, Florida." One lot was labeled in part: "Big Bite Brand 
Macaroni   *    *    *   Tampa Macaroni Co., Tampa, Fla."
Misbranding was alleged with respect to all lots in that the statements in the 
labeling, "6 Ozs. Net When Packed" or "6 Oz. Net," were false and misleading 
as applied to articles that were short weight; in that the articles were in pack- 
age form and did not bear an accurate statement of the quantity of contents; 
and in that the containers were so made, formed, or filled as to be misleading. 
The Tampa-Maid brand was alleged to be misbranded further in that the state- 
ment of quantity of contents appearing on the label was not placed thereon with 
such conspicuousness as to render it likely to be read by the ordinary individual 
under customary conditions of purchase and use.
On November 6 and December 11, 1939, no claimant having appeared, judg- 
ments of condemnation were entered, the lots seized at Waycross, Ga., were 
ordered delivered to charitable organizations, and the remaining lots were 
ordered destroyed.