15894. Adulteration and alleged misbranding- of black pepper.    TJ. S. v. 36
Boxes  and  11  Pails   of Black  Pepper.     Product  ordered  released 
under bond.     (E\ & D. No. 22382.    I. S. No. 18856-x.    S. No. 454.)
On January 20, 1928, the United States attorney for the District of Indiana, 
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 36 boxes and 11 pails of black pepper, remaining in the original unbroken 
packages at Indianapolis, Ind., alleging that the article had been shipped by the 
Biston Coffee Co., from St. Louis, Mo., in part on or about September 15, 1927, 
and in part on or about November 4, 1927, and transported from the State of 
Missouri into the State of Indiana, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: " Gilt 
Edge Black Pepper."
It was alleged in the libel that the article was adulterated in that a corn 
product and a substance high in crude fibre had been mixed and packed there- 
with so as to reduce, lower, and injuriously affect its quality and strength, and 
had been substituted in part for black pepper. Adulteration was alleged for the 
further reason that the article had been mixed in a manner whereby inferiority 
was concealed.
Misbranding1 was alleged for the reason that the statement, "Ground Black 
Pepper," borne on the label, was false and misleading* and deceived and misled 
the purchaser, and for the further reason that the article was offered for sale 
under the distinctive name of another article.
On May 5, 1928, the Biston Coffee Co., St. Louis, Mo., having appeared as 
claimant for the property and having admitted the adulteration of the product, 
it was ordered by the court that the said product be released to the claimant 
upon payment of the costs of the proceedings and the execution of a bond in the 
sum of $500, conditioned in part that it should not be sold or otherwise disposed 
of contrary to law.
ARTHUR M. HYDE, Secretary of Agriculture.