25697. Adulteration and misbranding of chili powder.     17. S. v. 6 Cases of Chill
Pepper, and other actions.    Decrees of condemnation and destruction.
(F. & D. nos. 36G96, 36707, 37077, 37078, 37134, 37135, 37276, 37277, 37321. 
Sample nos. 32472-B, 38575-B, 40717-B, 48205-B to 48208-B incl., 49336-B, 
54851-B, 56348-B.)
These cases involved chili powder which contained arsenic in an amount 
which might have rendered it injurious to health.
On December 2, 1935, the United States attorney for the Western District of 
: Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of six cases of chili 
powder at Seattle, Wash. On December 16, 1935, January 30, February 1, 
February 28, February 29, March 2, and March 5, 1936, libels were filed against 
14 barrels of the product in various lots at Denver, Colo.; Chicago, Ill.; Kansas 
City, Mo.; Tulsa, Okla.; Milwaukee, Wis.; Memphis^ Tenn.; and Louisville, 
Ky. The libels alleged that the article had been shipped in- interstate 
commerce between the dates of October 29, 1935, and January 15, 1936, in part 
by Miller Bros. Co., from Wilmington, Garden Grove, and Los Angeles, Calif.; 
and in part for Miller Bros. Co., from Chicago, Ill., and Kansas City, Mo.; and 
that it was adulterated and portions were misbranded in violation of the Food 
and Drugs Act. A portion of the article was labeled in part: "This Product 
Guaranteed to be Pure and Unadulterated 'Real Best' * * * Pure Mex 
Chili Pepper New Crop from Miller Bros. Co."
The article was alleged to be adulterated in that it contained an added 
poisonous and deleterious ingredient, arsenic, which might have rendered it 
injurious to health.
Misbranding was alleged with respect to portions of the article for the rea- 
son that the statement on the label, "This product guaranteed to be pure and 
unadulterated", was false and misleading and tended to deceive and mislead 
the purchaser.
On December 26, 1935, January 27, February 20, March 26, March 31, April 
28, April 29, and June 3, 1936, no claim having been entered for the prop- 
erty, judgments of condemnation were entered and it was ordered that the 
product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.