F. & J). No. 3241.
I. S. No. 3801-d.	
Issued December 17,1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1804.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF PEPPER.
On February 5, 1912, the United States Attorney for the Southern?
District of New York, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district an information against Farrington & Whitney, a corporation,?
New York, N. Y., alleging shipment by said company, in violation of?
the Food and Drugs Act, on May 25, 1911, from,the State of New?
York into the State of Illinois of a quantity of pepper which was?
misbranded. The product was labeled: "Net 4 oz. Jewel Brand?
Spices Pepper put up for the Jewel Tea Co., Chicago, 111."
Examination of samples of the product by the Bureau of Chemistry?
of this Department showed the following results: Eleven packages?
weighed as follows (net weight) : 3.70; 3.78; 3.76; 3.84; 3.77; 3.81;?
3.77; 3.89; 3.78; 3.85; and 3.79 ounces. Average net weight 3.79?
ounces; 5.2 per cent short of 4 ounces. Misbranding was alleged in?
the information for the reason that the product was labeled so as to?
deceive and mislead the purchaser or purchasers thereof, in that the?
label on the container regarding the substance and ingredients con??
tained therein was false and misleading, in that its contents were?
stated to be of the weight of 4 ounces net, whereas in fact the con??
tents were of less weight than 4 ounces.
On April 1, 1912, the defendant company entered a plea of guilty?
to the information and the court imposed a fine of $200.
W. M. HATS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 7, 1912.
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