15929. Adulteration and misbranding- of blaclc pepper.    TJ.  S. v.  15 Cases,
et   al.,    of   Black   Pepper.     Product   adjudged   adulterated    and    mis- 
branded  and  ordered released under bond to be relabeled.     (F. & D.
Nos. 22627, 22629.    I. S. Nos. 23200-x, 23211-x.    S. Nos. 660, 666.)
On March 12, 1928, the United States attorney for the Eastern District of 
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 35 cases of black pepper at McAlester, Okla., alleging that the 
article had been shipped by the Biston Coffee Co., from St. Louis, Mo., in two 
consignments, on or about October 31, 1927, and January 18, 1928, respectively, 
and transported. from the State of Missouri into the State of Oklahoma, and 
charging adulteration and misbranding in violation of the food and druirs act. 
A portion of the article was labeled in part: (Cans) "Polar Bear Brand Black 
Pepper,  Net  Weight  One Pound."   The  remainder  of the  said  article  was
labeled   in  part:   (Cans)   "Polar  Bear  Brand   One-half  Pound   Net  Weight 
Ground Black Pepper."
It was alleged in the libel that the article was adulterated in that cornstarch, 
with respect to a portion of the product, and cornstarch and ground rice, with 
respect to the remainder thereof, had been mixed and packed therewith so as 
to reduce or lower or injuriously affect its quality or strength and had been, 
substitute'd wholly or in part for the said article. Adulteration was alleged 
with respect to a portion of the said article for the further reason that, the said 
cornstarch and ground rice, substituted wholly or in part for the said article, 
had been mixed therewith in a manner whereby damage or inferiority was 
-concealed.
Misbranding was alleged for the reason that the designations on the labels, 
to wit, " Black Pepper " and " Ground Black Pepper," were false and misleading 
and deceived and misled the purchaser, and for the further reason that the 
article was sold or offered for sale under the distinctive name of another 
article.
On June 25, 1928, the Biston Coffee Co., St. Louis, Mo., having appeared as 
claimant for the property, judgment of the court was entered finding the 
product adulterated and misbranded, and it, was ordered by the court that the 
said product be released to the claimant upon payment of the costs of the pro- 
ceedings, pursuant to the terms of a bond in the sum of $604, conditioned in 
part that it be relabeled under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.