28831. Adulteration  and misbranding of black pepper.     IT.   S. v.  6 Barrels  of
Black Pepper.   Default decree of condemnation and destruction.    (F. &
D. No. 42066.    Sample No. 688-D.)
This product consisted of ground pepper shells.
On March 29, 1938, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of six barrels of black pepper at 
Atlanta, Ga., alleging that the article had been shipped in interstate commerce 
on or about January 26 and March 3, 1988, by the Schloss & Kahn Grocery Co. 
from Montgomery, Ala., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Schloss & Kahn 
Gro Co. Montgomery Ala   Pepper."
It was alleged to be adulterated in that pepper shells had been mixed and 
packed with it so as to reduce or lower or injuriously affect its quality or 
strength; in that pepper shells had been substituted in whole or in part for the 
article; and in that it had been mixed in a manner whereby inferiority was 
concealed.
The article was alleged to be misbranded in that the statement "Pepper" was 
false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that consisted of ground pepper shells; and in that it was 
offered for sale under the distinctive name of another article, pepper.
On April 30,1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.