8866. Misbranding of macaroni and spaghetti.    U. S. v. 52 Cases of Spaghetti and
13 Cases of Macaroni.    Consent decree of condemnation.    Products or- 
dered destroyed.    (F. D. C. Nos. 2229, 2486.    Sample Nos. 1344-B, 24337-B.)
The spaghetti occupied only about 30 percent of the capacity of the package 
and the elbow macaroni occupied on an average about 70 percent of the capacity 
of the package.
On June 18 and August 5,1940, the United States attorneys for the District of 
Maryland and the District of Delaware filed libels against 52 cases of spaghetti 
at Baltimore, Md., and 13 cases of macaroni at Wilmington, Del., alleging that 
the articles had been shipped in interstate commerce within the period from on or 
about March 28 to or on about July 12, 1940, by the Krumm Macaroni Co., Inc., 
from Lebanon, Pa.; and charging that they were misbranded in that their con- 
tainers were so made, formed, or filled as to be misleading. The articles were 
labeled in part: "Duroni Spaghetti," or "Krumm's Elbow Macaroni."
On August 2 and September 6, 1940, the Keystone Macaroni Manufacturing Co. 
of Lebanon, Pa., claimant, filed' answers to the libels denying that the products 
had been shipped by the Krumm Macaroni Co., Inc., and alleging that they had 
been shipped by the claimant which was the successor to the Krumm Macaroni 
Co., Inc., and further denying that the products were misbranded. On September 
6, 1940, the claimant filed a petition in the United States District Court for the 
District of Maryland for consolidation of the cases for trial in that district. 
On September 13, 1940, the Government filed an answer to claimant's petition 
for consolidation of the cases denying that the issues involved were the same. 
On October 25, 1940, the claimant's motion was argued before the court and on 
October 29, 1940, the court ordered that the cases be consolidated and that the 
clerk transmit a copy of the order to the clerk of the District of Delaware with 
the request that the records of the action pending in that district be sent to the 
District of Maryland. On July 7, 1942, the claimant filed a motion to withdraw 
its answer and claim in the consolidated case and on the same date a judgment of 
condemnation was entered and the products were ordered destroyed.