1041. Misbranding of   spaghetti.     U.   S.   v.   400   Cases   of   Spaghetti.     Consent
decree of condemnation.     Product ordered released under bond for re- 
packaging.     (F. D. C. No. 2258.    Sample No. 2785-B.)
This product occupied only about half the capacity of the package, and the 
statement of the quantity of the contents was inconspicuous.
On June 26, 1940, the United States attorney for the District of Rhode Island 
filed a libel against 400 cases of spaghetti at Providence, R. I., alleging that 
the article had been shipped in interstate commerce on or about May 31, 1940, 
by the Prince Macaroni Manufacturing Co. from Lowell, Mass.; and charging 
that it was misbranded. The article was labeled in part: (Package) "White 
Spray Spaghetti Distributed By First National Stores, Inc. Somerville, Mass."
It was alleged to be misbranded in that its container was so made, formed, 
or filled as to be misleading; and in that the statement of the quantity of the 
contents required to appear on the label was not prominently placed thereon 
with such conspicuousness (as compared with other words, statements, designs, 
or devices in the labeling) as to render it likely to be read by the ordinary 
individual under customary conditions of purchase and use.
On August 22, 1940, the Prince Macaroni Manufacturing 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 re- 
packed under the supervision of the Food and Drug Administration.