F. & D. No. 4175.
B. No. 1428:	
Issued March 27, 1913.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 2078.
(Given pursuant to section 4 of the Food and Drugs let.)
MISBKANMNG OF PEPPEE.
On or about June 18, 1912, the United States Attorney for the?
District of South Dakota, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 16 pails, each?
containing approximately 30 pounds of ground black pepper, remain??
ing unsold in the original unbroken packages and in possession of?
Jewett Bros. & Jewett (Inc.), Sioux Falls, S. Dak., alleging that the?
product had been shipped on or about November 25, 1911, by Ar-?
buckle Bros., Chicago, 111., and transported from the State of Illi??
nois into the State of South Dakota and charging misbranding in?
violation of the Food and Drugs Act. The product was labeled:?
" Jewett's High Grade Brand Steel Cut Pepper?Jewett Bros.,?
Aberdeen, So Dak. Jewett Bros. & Jewett, Sioux Falls, So. Dak.???
Jewett Bros. & Co., Sheldon, Iowa (stenciled in large letters on top?
of pail) 30 lbs.?Sugar and Creamer?blk pepper?Jewett Bros. &?
Jewett, Sioux Falls, S. D.?St. P."
Misbranding of the product was alleged in the libel for the reason?
that it was labeled as containing 30 pounds of pepper, whereas, in?
truth and in fact, the weighing of the pails showed a shortage of?
22| pounds in the contents, or an average of 4.6 per cent, and, fur??
ther, for the reason that the arrangement of the principal label on?
each of the pails of the product conveyed the impression that it was?
manufactured by Jewett Bros. & Jewett, of Sioux Falls, S. Dak.,?
when, in truth and in fact, the goods were manufactured by and?
purchased from Arbuckle Bros., of Chicago, 111.
On July 25, 1912, a decree of condemnation and forfeiture was?
entered and it was further ordered that the product should be re??
leased to said Jewett Bros. & Jewett, claimants, upon payment of the?
costs of the proceedings, amounting to $33.55, and the executidn of?
a bond in conformity with the Act.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, December 7, 1912.
71290??No. 2078?13