15356. Adulteration and Misbranding of black pepper.    TJ. S. v. 10 Carte
of Black Pepper.     Default  order of  destruction  entered.     (F.  &
No. 21257.    I. S. No. 3313-x     S. No. C-5222 )
On August 23, 1926, the United States attorney for the District of Minnesc 
acting upon a report by the Secretary of Agriculture, filed in the District Co 
of the United States for said district a libel praying seizure and condemnat 
of 10 cartons of black pepper, remaining in the original unbroken packages 
Minnesota Transfer, Minn., alleging that the article had been shipped by 
Biston Coffee Co., from St. Louis, Mo., July 16, 1926, and transported from 
State of Missouri into the State of Minnesota, and charging adulteration ; 
misbranding in violation of the food and drugs act.   The article was labe 
in part: " Six Lbs. Net Black Pepper From Biston Coffee Co., St. Louis, 
U. S. A."
It was alleged m the libel that the article was adulterated, in that substan 
ground rice and cayenne pepper, had been mixed and packed therewith so a 
reduce, lower, or injuriously affect its quality and strength, and had I 
substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Black Pepp 
borne on the label, was false and misleading and deceived and misled 
purchaser, and in that it was offered for sale under the distinctive narm 
another article.
On July 8, 1927, upon the filing of an affidavit by the United States atto 
to the effect that the product was unfit for consumption as food, a decree 
entered by the court ordering that the said product be destroyed by the Ur 
States marshal.
R. W. DUNLAP, Aoiin-g Secretary of Agricultui