708. Misbranding of spaghetti. IJ. S. v. 198 Cases of Spaghetti. Decree of con¬ demnation. Product released under bond for relabeling and recondi- tioning. (F. D. C. No. 814. Sample No. 47651-D.) The containers of this product were misleading since their contents occupied on an average only about 42 percent of their capacity. On October 25, 1939, the United States attorney for the District of Maryland filed a libel against 198 cases of spaghetti at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about October 10, 1939. by Philadelphia Macaroni Co. from Philadelphia, Pa.; and charging that it was misbranded in that its containers were so made, formed, or filled as to be misleading. It was labeled in part: "Gold Seal Brand Spaghetti American Stores Co., Phila., Distributors." ' On November 17, 1939, judgment of condemnation was entered and the product was ordered released to the claimant under bond for reconditioning and •relabeling. , It was repacked in ^0-peuiad- boxes «Bd-was properly relabeled;