4053. Adulteration and misbranding of Italian spaghetti dinner.    U. S. v. 21
Cases of Italian Spaghetti Dinner.    Default decree of condemnation and 
destruction.    (F. D. C. No. 8006.    Sample No. 15526-F.)
The mushroom sauce in this product contained decomposed material, as evi- 
denced by the presence of mold. The cheese contained cheese mites and non- 
descript dirt and had been made from skim milk. The cartons were not filled 
to their capacity, the average head space in one size being 27.7 percent and in 
the other size being 33.8 percent
On July 31, 1942, the United States attorney for the District of Montana filed 
a libel against 22 cases, each containing 12 cartons, of spaghetti dinner at Butte, 
Mont., alleging that the article had been shipped in interstate commerce on 
or about April 6 and May 26, 1942, by the Superior Macaroni Co., from Los 
Angeles, Calif.; and charging that it was adulterated and misbranded. The 
/ article was labeled in part: (Carton) "Superior Brand Italian Spaghetti Dinner."
The article was alleged to be adulterated in that the mushroom sauce con- 
sisted in whole or in part of a decomposed substance, and in that the grated 
cheese consisted in whole or in part of a filthy substance.
It was alleged to be misbranded in that the statements (carton) "Italian 
Style Grated Cheese * ' * * Rich and Creamy Grated Cheese," and (glassine 
bag containing cheese) "Grated Italian Style Cheese," were false and misleading 
as applied to an article made from skim milk; and in that its container 
was so made, formed, or filled as to be misleading.
On September 1, 1942, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.