5116. Misbranding of spaghetti and macaroni dinners.    17. S. v. 84 Cases of Spa¬
ghetti Dinner and 24 Cases of Macaroni Dinner. Default decree of con- 
demnation and destruction. (F. D. C. No. 9870. Sample Nos. 23266-F to 
23268-F, incl.)
The packages labeled "Spaghetti Dinner" contained ingredients that were 
short of the declared weight, and both ingredients in the package labeled "Maca- 
roni Dinner" were short-weight and deceptively packaged.
On April 28, 1943, the United States attorney for the District of New Jersey 
filed a libel against 84 cases of Spaghetti Dinner and 24 cases of Macaroni Dinner 
at Trenton, N. J., alleging that the articles had been shipped in interstate com- 
merce on or about March 25,1943, by the Kurtz Brothers Corporation from Bridge- 
port, Pa.; and charging that they were misbranded. The articles were labeled in 
part: "Kurtz King Brand Complete Spaghetti Dinner," or "Magic Chef Spaghetti 
[or "Macaroni"] Dinner."
The articles were alleged to be misbranded in that the statements (outer 
package of Kurtz King Brand Spaghetti Dinner), "Grated Cheese * * * Net 
Weight % Ounce Spaghetti * * * Net Weight 8 Ozs.," (inner spaghetti 
cartons) "Net Weight 8 Ounces," (outer packages of Magic Chef Spaghetti dinner) 
"Spaghetti * * * Net Weight 8 Ozs. * * * Cheese * *  * Net Weight 
% Oz.," (outer packages of Magic Chef Macaroni Dinner) "6 Ozs. Semolina
Macaroni * * * 1% Oz. Grated Cheese," (envelopes containing macaroni) 
"Net Weight 6 Ounces," and (envelopes containing cheese) "Net Weight 1% Oz.j" 
were false and misleading as applied to articles that were short weight. They 
were alleged to be misbranded further in that they were in package form and 
failed to bear labels containing accurate statements of the quantity of the con- 
tents. The Magic Chef Macaroni Dinner was alleged to be misbranded further 
in that its container was so filled as to be misleading, since the envelopes of 
macaroni and cheese occupied only 62 percent of the volume of the carton.
On June 4, 1943," no claimant having appeared, judgment of condemnation 
was entered and the products.were ordered destroyed. .    ¦    ' "
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