3865. Misbranding of spaghetti.    XT. S. v. 499 Cases of Spaghetti,    Consent de¬
cree of condemnation. Product ordered released under bond for repack- 
aging.    (F. D. C. No. 7934.    Sample No. 70900-B.)
This product occupied, on an average, less than 40 percent of the capacity of its 
container.
" On July 22, 1942, the United States attorney for the Northern District of 
Georgia filed a libel against 499 cases, each containing 24 packages, of spaghetti 
at Atlanta, Ga., alleging that the article had been shipped in interstate commerce 
on or about November 1 and 24, 1941, by the Ferlita Macaroni Co., Inc.," from 
Tampa, Fla.; and charging that it was misbranded in that its container was so
made, formed, or filled as to be misleading.   The article was labeled in part 
(Pkgs.) "Tampa-Maid Brand Spaghetti 6 Ozs. Net Weight."
On August 26, 1942, the United Food Brokers, Inc., claimant, having consented 
to the entry of a decree, judgment of condemnation was entered and the product 
was ordered released under bond for repacking under the supervision of the Food 
and Drug Administration.