9828. Adulteration and misbranding of spaghetti dinner.    U. S. v. 249 Cases of
Spaghetti Dinner. Decree of condemnation. Product ordered released 
under bond.    (F. D. C. No. 20269.   Sample No. 65219-H.)
LIBEL FILED :   June 17,1946, Eastern District of Pennsylvania.
ALLEGED SHIPMENT : On or about April 2,1946, by Roselli's Pure Food, Inc., from 
Merchantville, N. J.
PRODUCT: 249 cases, each, containing 12 8-ounce packages, of spaghetti at 
Philadelphia, Pa. The package contained a bottle of sauce, a package of 
spaghetti, and a jar of a grated cheese product. Examination disclosed that 
the cheese product contained approximately 21 percent lactose, which indicated 
the presence of a milk product other than cheese.
LABEL IN PART: "Penn Treaty * * * Italian Style Spaghetti Dinner 
Contains * * * % oz. Grated Cheese * * * Distributed by Quaker 
City Wholesale Grocery Co.   Inc.   Philadelphia, Pa."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a substance high in 
lactose had been substituted in whole or in part for grated cheese.
Misbranding, Section 403 (a), the label statement "Grated Cheese" was false 
and misleading.
DISPOSITION : June 11,1946. Roselli's Pure Food, Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the prod- 
uct was ordered released under bond to be relabeled under the supervision of 
the Food and Drug Administration. On August 5,1946, the decree was amended 
to provide that the cheese product in the package be destroyed and replaced 
with grated cheese.