NOTICE OF JUDGMENT NO. 2713.
(Given pursuant to section 4 of the Food and Drags Act.)
U. S. v. 140 and 35 Boxes Pepper.   Decree of condemnation and forfeiture.
Goods  released  on  bond.
MISBRANDING OF PEPPER.
On or about July 19, 1911, the United States Attorney for the 
Northern District of Illinois, acting upon a report by the Secretary 
of Agriculture, filed in the District Court of the United States for 
said district libels for the seizure and condemnation of 140 and 
35 boxes, each containing 96 cans of pepper remaining unsold in 
the original unbroken packages and in possession of the Jewel Tea 
Co., Chicago, Ill., alleging that the product had been shipped on 
June 1, 1911, by Farrington & Whitney, New York, N. Y., and trans- 
ported from the State of New York into the State of Illinois, and 
charging misbranding in violation of the Food and Drugs Act. The 
product was labeled: (On cases) " Net 4 Oz Jewel Brand Spices- 
Pepper—Put up for Jewell Tea Co. Chicago—8 doz 1-4 Kans." 
(On packages) "Net 4 Oz Jewel Brand Spices—Pepper—put up 
for Jewel Tea Co. Chicago."
Misbranding of the product was alleged in the libel for the reason 
that it was labeled as set forth above and the statements contained 
on the labels were false and misleading in that they purported to 
state the contents of the packages in terms of weight and measure, 
to wit, that the packages contained 4 ounces of pepper, whereas, in 
truth and in fact, they did not contain 4 ounces of pepper but a 
much less amount, to wit, 3 ounces of pepper. (While it was alleged 
in the libel that the retail packages contained only 3 ounces of pepper, 
equivalent to a shortage of 25 per cent, actual examination of 144
15986°—No. 2713—14
retail packages showed an average shortage of only 3.58 per cent, 
indicating that the average amount of pepper contained in each 
package was 3.86 ounces.)
On March 27, 1913, the said Jewel Tea Co., claimants, having 
admitted the allegations in the libels, judgments of condemnation 
and forfeiture were entered and it was ordered by the court that the 
product should be surrendered and delivered to said claimant upon 
payment of all the costs of the proceedings and the execution of 
bond in the sum of $2,000, in conformity with section 10 of the 
Act.
C. F. MARVIN, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 7,1913.
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