11152. Adulteration  and misbranding of  spaghetti  dinner.     V.   S.  v.  Ill  Car¬
tons    *    *    *.    (F. D. C. No. 20214.   Sample No. 65314-H.)
LIBEL FILED :    On or about June 6, 1946, District of New Jersey. 
ALLEGED SHIPMENT:    On or about February 4 and March 26, 1946, By Chef 
Boy-Ar-Dee Quality Foods, Inc., from Milton, Pa.
PRODUCT: Ill cartons, each containing 12 packages, of Chef Boy-Ar-Dee 
Spaghetti Dinner at Atlantic City, N. J. The packages contained a bundle of 
spaghetti, a jar of sauce, and a small can of a cheese product. The cheese 
product contained 14 percent of lactose, indicating the presence of a milk 
product other than cheese, and it was short of the declared weight.
LABEL IN PART : (Package) "Chef Boy-Ar-Dee Spaghetti Dinner"; (cans) "Chef 
Boy-Ar-Dee Parmesan Style Grated Cheese Made with Partly Skimmed Milk 
Net Weight % Ounce."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a substance high in 
lactose had been substituted in whole or in part for "Parmesan Style Grated 
Cheese."
Misbranding, Section 403 (a), the statement "Parmesan Style Grated Cheese" 
was false and misleading; and, Section 403 (e) (2), the labeling of the article 
failed to bear an accurate statement of the quantity of the contents.
DISPOSITION: September 13, 1946. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to a charitable 
institution.