1222. Misbranding of macaroni and spaghetti.    U. S. v. 49 Cases of Macaroni and
49 Cases of Spaghetti. Consent decree of condemnation. Products or- 
dered released under bond for repackaging or sale in bulk and destruction 
of containers.     (F. D. C. No. 2433.    Sample Nos. 2821-E, 2822-E.)
The macaroni occupied on an average about 62 percent and the spaghetti on an 
average about 56 percent of the space in their respective cartons.
On July 26, 1940, the United States attorney for the District of Maine filed a 
libel against 49 cases of macaroni and 49 cases of spaghetti at Portland, Maine, 
alleging that the. articles had been shipped in interstate commerce on or about
July 5, 1940, by the Chicago Macaroni Co. from Chicago, Ill.; and charging that 
they were misbranded in that their containers were so made, formed, or filled as 
to be misleading. The articles were labeled in part: "Three Medals Elbow 
Macaroni [or "Spaghetti"]."
On October 1, 1940, claimant, Frank K. Green, trading as Maine Tea Co., 
Portland, Maine, having admitted the allegations of the libel, judgment of con- 
demnation was entered, and the products were ordered released under bond con- 
ditioned that they be emptied from the containers and repacked or sold in bulk 
and that the containers be destroyed.