2983. Misbranding of   spices.     II.   S.  v.  24%  Gross  Cans  of  Black  Pepper,  33
Gross Cams of White Pepper, 8 Gross Cams. of ITntmeg, 6 Gross Cams of 
Cloves, and 6% Gross Cans of Curry Powder. Default decree Of con- 
demnation and destruction. (F. D. C. No. 5685. Sample Nos. 74309-E to 
74311-E, incl., 74313-E, 74314-E.)
These products occupied approximately 75 percent of the capacity of the 
containers and all, except the nutmeg, were short weight.
On September 16, 1941, the United States attorney for the Southern District 
of New York filed a libel against the above-named products at New York; N. Y., 
alleging that the articles had been shipped on or about July 25, 1941, by Mutual 
Spice Co., Inc., from Bridgeport, Conn.; and charging that they were misbranded. 
The articles were labeled in part: "Continental Brand Ground Black Pepper [or 
"White Pepper," "Nutmeg," "Cloves," or "Curry Power"] Contents 1% Oz. Con- 
tinental Oil Co. Distributors—Bronx, N. Y."
They were alleged to be misbranded in that their containers were so filled as 
to be misleading, since the spice did not occupy a reasonable amount of the avail- 
able space. The black pepper, white pepper, cloves, and curry powder were 
alleged to be misbranded further in that the statement "Contents 1% Oz." was 
false and misleading as applied to articles that contained less than 1% ounces; 
and in that they were in package form and did not bear labels containing an 
accurate statement of the quantity of the contents.
On November 5,1941, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.