42#8, Adulteration and misbr&bdingr of pepper. JP, S. V. 5 Sai-rels * * *?
t>t * . * * Pepper. Consent decree ?f condemnation. Product?
ordered released on bond. (F. & D. No. G472. I. S. No. 14429-k. S. No.?
C-19S.)
On April 26, 1915, the United States attorney for the District of Indiana,?
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 5 barrels, more or less, of a product purporting to be ground black pepper,?
remaining unsold in the original unbroken packages at Indianapolis, Ind.,?
alleging that the product had been shipped by the Woolson Spice Co., Toledo,?
Ohio, and ti'ansported from the State of Ohio into the State of Indiana, the?
shipment having been received on or about March 1, 1915, and. charging adul??
teration and misbranding in violation of the Food and Drugs Act. The product?
was invoiced as " Ground Blaek Pepper," and labeled, in part, " Pepper."
It was alleged in the libel that pepper shells had been mixed and packed?
with ground black pepper so as to reduce, lower, and injuriously affect the?
quality and strength of said ground black pepper, and, further, that pepper'?
shells had been substituted in part for ground black pepper, and that the?
aforesaid product in each of said barrels was adulterated, contrary to the laws?
of Congress in that behalf made and provided.
It was further alleged in the libel that the aforesaid label " Pepper " and the?
aforesaid statement in the invoice, " Ground Black Pepper," regarding the prod??
uct in said barrels, were false and misleading in that said product was not?
pepper or ground black pepper, but was a mixture of pepper or ground black?
pepper with pepper shells. It was further alleged that the product was an imi??
tation of, and was offered for sale as and under the name of, pepper and ground?
black pepper, whereas said product was a mixture of pepper or ground black pep??
per with pepper shells. It was further alleged that the product in said barrels?
was labeled and branded so as to deceive and mislead the purchaser thereof into?
the belief that said product was pepper or ground black pepper, whereas, in fact,?
said product was a mixture of pepper shells with ground black pepper. It was?
further alleged that the product contained in each of the barrels was misbranded,?
contrary to the laws of Congress in that behalf made and provided.
On June 7, 1915, the said Woolson Spice Co., claimant, having admitted the?
allegations in the libel, and the case having come on to be heard, on the plead??
ings, evidence, and decree pro confesso theretofore entered* judgment of con??
demnation was entered, and the said claimant company having paid the costs?
of the proceedings and tendered its bond in the sum of $1,000, in conformity?
with section 10 of the act, it was ordered by the court that the product should?
be delivered to said claimant.
C. F. MARVIN, Acting Secretary of Agriculture.
N, J. 4201-4250.]      SEEVIOE  AND .REGULATORY  ANNOUNCEMENTS.	327