5666. Misbranding of  chicken  noodle  dinner.     U. S.  v.   96  Cases   of  Chicken
Noodle Dinner. . Consent decree of condemnation. Product ordered 
released under bond to be converted into other food products.    (F. D. &
No. 6234.    Sample No. 79869-E.) 
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The name of this product wotild indicate that it contained more chicken meat 
than was the case, the ingredients statement would imply that it contained 
more than one or two. small pieces of mushroom, and it was deceptively packaged 
in that the chicken meat was used to "face" the jar.
On November 18, 1941, the United States attorney for the Southern District
of Ohio filed a; libel against 96 cases, each containing 12 1-pound jars, of chicken
\ hoodie dinner at Cincinnati, Ohio, which had been shipped on or about October 10
J and 21, 1941, alleging that the article had bjeen shipped in interstate commerce
by Morton Packing Co., Inc., from Louisville, EV; and charging that it was
misbranded. It was labeled in part: (Jars) "Morton's Southern Style Chicken 
Noodle Dinner Ingredients: Egg Noodles, Chicken Broth, Chicken, Mushrooms, 
Peppers, Spices, and Seasoning.   All Meat Visible." 
The article was alleged to be misbranded (1) in that the name "Chicken 
Noodle Dinner" was false and misleading as applied to an article consisting 
largely of tfoodles with only 7 percent of chicken meat; (2) in that the word 
"Mushrooms" in the statement of ingredients was false and misleading because 
this declaration, as it appeared in the ingredient statement, implied the presence 
of more than one or two small mushroom pieces per jar; and (3) in that its 
container was so filled as to be misleading, since the chicken meat was used to 
face the jar.
On March 5, 1942, Morton Packing Co., claimant, having admitted the allega- 
tions of the libel, judgment of condemnation was entered and the product was 
ordered released under bond to be converted into other food products under the 
supervision of the Food and Drug Administration. Subsequently it was con- 
verted into soup, repackaged, and relabeled.
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