1227. Misbranding of spaghetti dinner.    IJ. S. v. SO Cases of Spaghetti Dinner.
Default decree of condemnation. Product ordered delivered to a char- 
itable Institution.     (F. D. C. No. 2357.    Sample No. 33110-E.)
The carton in which this product was packed contained a wax paper envelope 
of grated cheese, a small bundle of spaghetti, and an unlabeled bottle of sauce. 
The outer carton and the bottle containing the sauce were not labeled in com- 
pliance with the requirements of the law and the spaghetti sauce was short of 
the weight declared on the carton.
On July 13, 1940, the United States attorney for the Southern District of New 
York filed a libel against 50 cases of spaghetti dinner at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about June 7, 
1940, by Kurtz Bros. Corporation from Philadelphia, Pa.; and charging that it 
was misbranded. It was labeled in part: "Italian Chef Spaghetti Dinner * * * 
This package contains 8 Oz. Spaghetti—8 Oz. Avoir. Wt. Spaghetti Sauce—% Oz. 
Italian Grated Cheese."
The article was alleged to be misbranded in that the statement "8 Oz. Avoir. 
Wt. Spaghetti Sauce" on the carton containing the spaghetti dinner, was false 
and misleading since the spaghetti sauce was short of the declared weight. 
Misbranding was alleged for the further reasons that the article was in package 
form and the carton did not bear an accurate statement of the quantity of the 
contents, and it did not bear the common or usual name of each and every 
ingredient contained therein. Misbranding was alleged for the further reason 
that the bottle containing the sauce was in package form and did not bear a 
label containing the name and place of business of the manufacturer, an ac- 
curate statement of the quantity of the contents, nor the common or usual name 
of each and every ingredient.
On July 26, 1940, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered delivered to a charitable institution.