29399. Adulteration and misbranding of ground black pepper.   TJ. S. v. Schloss &
Kahn  Grocery  Co.     Plea  of guilty.    Fine,  $10.     (F.  & D.  No.  42552.
Sample No. 688-D.)
This product contained excessive shell.
On August 22, 1938, the United States attorney for the Middle District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Schloss & Kahn Grocery Co., a corpora- 
tion, Montgomery, Ala., alleging shipment by said company on or about Janu- 
ary 26 and March 3, 1938, from the State of Alabama into the State of Georgia 
of a quantity of ground black pepper which was adulterated and misbranded 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Pepper   Schloss & Kahn Gro Co Montgomery Ala."
Adulteration was alleged in that ground pepper shells had been mixed and 
packed with the article so as to reduce, lower, and injuriously affect its 
quality and strength and had been substituted wholly or in part therefor; and 
in that ground pepper shells had been mixed with the article in a manner 
whereby its inferiority was concealed.
It was alleged to be misbranded in that it had been offered for sale under 
the distinctive name of another article; and in that the statement "Pepper" 
was false and misleading and was borne on the label so as to deceive and 
mislead the purchaser since it represented that the article consisted of ground 
black pepper, whereas it consisted in part of ground pepper shells.
On September 7, 1938, a plea of guilty was entered on behalf of the defend- 
ant and the court imposed a fine of $10.
HAEET L. BROWN, Acting Secretary of Agriculture.