1531. Misbranding of macaroni and  spaghetti.     U.  S. v. 116,  80,  Ill,  and 108
Cases   of   Macaroni   and   Spaghetti.     Default   decree   of   condemnation. 
Product   ordered   distributed to  charitable   Institutions.     (F.   D.   C.   No.
2381.    Sample Nos. 5737-E to 5740-E, incl.)
The cartons containing these products were deceptive, the contents ranging 
in the various lots, from 47 percent to 65 percent of the capacity of the container. 
In one lot the weight statement and name and address of the manufacturer were 
inconspicuously placed on the ends of the package.
On August 6, 1940, the United States attorney for the District of Indiana filed 
a libel against 415 cases of macaroni and spaghetti at Indianapolis, Ind., 
alleging that the articles had been shipped in interstate commerce on or about 
June 6, 1940, by the John B. Canepa Co. from Chicago, Ill.; and charging that 
they were misbranded. They were labeled in part: "Red Cross 5# Elbow 
Macaroni [or "Spaghetti"]"; or "Red Cross 50 Macaroni [or "Spaghetti"]."
The articles were alleged to be misbranded in that the containers were so 
made, formed, or filled as to be misleading. One lot (elbow spaghetti) was 
alleged to be misbranded further in that the name and place of business of 
the manufacturer, packer, or distributor and the statement of the quantity of 
the contents required to appear on the label, were not prominently placed thereon 
with such conspicuousness (as compared with other words, statements, designs, 
or devices in the labeling) as to render them likely to be read by the ordinary 
individual under customary conditions of purchase and use.
On December 5, 1940, John B. Canepa Co., having with leave of court with- 
drawn its claim and answer and no other party having intervened, judgment 
of condemnation was entered and the products were ordered distributed to 
charitable institutions.