NOTICE OF JUDGMENT NO. 3736.
(Given pursuant to section 4 of the Food and Drugs let.)
C. S. v. Farrington & Whitney.   Plea of guilty.   Sentence suspended.
MISBRANDING OF BLACK PEPPER.
On June 27, 1912, the United States Attorney for the Eastern Dis- 
trict of New York
,
acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said dis- 
trict an information against Farrington & Whitney (Inc.), doing 
business at Brooklyn, N. Y., alleging shipment by said company, in 
violation of the Food and Drugs Act, on October 5, 1911, from the 
State of New York into the State of Ohio of a quantity of black 
pepper which was misbranded. The product was labeled: (On fruit 
and back label of can) "4 oz. net. Absolutely pure. " Fisher's Fa- 
mous (The Fisher Bros. Co. Choice Groceries) Black Pepper. 
Packed expressly for the Fisher Bros. Co., Cleveland, Ohio." (On 
two sides) " Our spices unsurpassed for purity, strength, flavor. 
Warranted absolutely pure."
Examination of samples of the product by the Bureau of Chemis- 
try of this Department showed the following results: (Sample No. 
1) Ash, 6.94 per cent; ash insoluble in 10 per cent hydrochloric acid, 
1.76 per cent; crude fiber, 13.37 per- cent; microscopical examination 
discloses no adulteration; average shortage 6 cans, 4 per cent. (Sam- 
ple No. 2) Average shortage 24 cans, 4.16 per cent. Misbranding 
of the product was alleged in the information for the reason that the 
label thereon bore statements, designs, and devices regarding the 
product and the ingredients and substances contained therein which 
were false and misleading in that said label stated that the weight
14307°—No. 2726—14
of the product was 4 ounces net, whereas, in truth and in fact, its 
weight was not 4 ounces net but was less than 4 ounces net. Mis- 
branding was alleged for the further reason that the product was 
labeled and branded so as to deceive and mislead the purchaser in 
that the label represented that there was 4 ounces net of the product 
in the cans, whereas, in truth and in fact, there was not 4 ounces net 
of the product in the cans but less than 4 ounces net. Misbranding 
was alleged for the further reason that the product was in package 
form and the contents were stated in terms of weight or measure 
and were not correctly and plainly given in terms of weight and 
measure on the outside of the package in that the weight and meas- 
ure stated was 4 ounces net, whereas, in truth and in fact, the package 
and can did not contain 4 ounces net but less than 4 ounces net.
On April 23, 1913, the defendant company entered a plea  of 
guilty to the information and the court suspended sentence.
C. F. MARVIN, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 8, 1913.
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