16445. Adulteration   and   Misbranding of   cloves   and   pepper.    U.   S.   v.   9
Cases of Cloves, et al.    Default decree of forfeiture and destruc- 
tion.     (F. & D. No. 22628.    I. S. Nos. 23217-x, 23218-x.    S. No. 667.)
On March 9, 1928, the United States attorney for the Western District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 9 cases of cloves and 9 cases of white pepper, remaining in the 
original unbroken packages at Fort Smith, Ark., alleging that the articles had 
been shipped by the Biston Coffee Co., from St. Louis, Mo., in part October 31, 
1927, and in part November 4, 1927, and transported from the State of Missouri 
into the State of Arkansas, and charging adulteration and misbranding in viola- 
tion of the food and drugs act. The articles were labeled in part: (Cans) 
"Polar Bear    *    *    *    Cloves (or " White Pepper ") Net Weight iy2 Oz."
It was alleged in the libel that the articles were adulterated in that foreign 
substances had been substituted wholly or in part for the said articles and had 
been mixed and packed therewith so as to reduce and lower and injuriously 
affect the quality and strength of the said cloves and pepper.
Misbranding was alleged in substance for the reason that the labels of the 
said articles were calculated to mislead the purchaser in that the articles con- 
tained foreign substances and were not pure cloves or pepper, and for the fur- 
ther reason that they were sold under the distinctive names of other articles. 
Misbranding of the pepper was alleged for the further reason that the said cans 
did not contain iy2 ounces of pepper, and the statement " iy2 Oz." was false 
and misleading to the purchaser thereof.
On January 21, 1929, no claimant having appeared for the property, judgment 
of forfeiture was entered, and it was ordered by the court that the products be 
destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.