5014. Adulteration and misbranding of spices.    U. S. v.  3 Barrels of White Pepper (and 3
additional seizure actions against white pepper, nutmeg,' paprika, and cinnamon). 
Default decrees of condemnation. Products ordered delivered to welfare organiza- 
tions. (F. D. C. Nos. 9590, 9592, 9594, 9712. Sample Nos. 17789-F,. 17790-F, 44802-F to 
44807-F, incl., 44812-F, 44813-F.)
On March 20 and 30, 1943, the United States attorney for the District of New 
Jersey filed libels against 5 barrels, 19 boxes, and 81 cans of white pepper, 58 cans 
and 57 tins of cinnamon, 36 cans of nutmeg, and 36 cans of paprika, at Newark, 
N. J., alleging that the articles had been shipped in interstate commerce within the 
period from on or about March 26, 1942, to December 2, 1943, by the Sure Rise 
Baking Powder Co. from New York, N. Y; and charging that they were adulter- 
ated and misbranded. The articles were labeled in part: "Pure Ground White Pep- 
per,
" "Pure White Pepper," "Pure Ground Montauk White Pepper," "Cinnamon 
1 Lb. Net," "Nutmeg 1 Lb. Net," "Ground Spices White Pepper 1 Lb. Net," or 
"Fancy Paprika."
The articles were alleged to be adulterated in that valuable constituents, nutmeg, 
white pepperj cinnamon, and paprika, had been in whole or in part omitted from the 
articles: and in that substances, i.e., nutmeg, .white pepper, cinnamon, and paprika, 
all containing added starch, and the paprika also containing artificial coloring, had 
been substituted wholly or in part for the articles. The paprika was alleged to be 
adulterated further in that its inferiority had been concealed by the use of artificial 
coloring, and in that cornstarch and artificial coloring had been added thereto or 
mixed or packed therewith so as to increase its bulk or weight or reduce its quality 
or strength, or make it appear better or of greater value than it was.
The articles were alleged to be misbranded in that the names, "Nutmeg," "White 
Pepper," "Pure White Pepper," "Pure Ground White Pepper," "Pure Ground 
Montauk White. Pepper," "Cinnamon," and "Fancy Paprika," appearing on the 
labels, were false and misleading as applied to articles containing added starch and, 
in the case of the paprika, artificial coloring, and in that they were offered for sale 
tinder the names of other foods. All of the articles except the barrels of white pepper 
were alleged to be misbranded further in that theywere in package form and failed 
to bear labels containing the name and place of business of the manufacturer, packer, 
or distributor. The nutmeg, cinnamon, and .portions of the white pepper were 
alleged to be misbranded. also in that the statement "1 Lb. Net," appearing on the 
labels, was false and misleading since they were short weight, and in that they were 
in package form and failed to bear labels containing accurate statements of the 
quantity of the contents. The paprika was alleged to be misbranded further in that 
it was an imitation of another food, paprika, and its label failed to bear in type of 
uniform size and prominence the word "imitation" and immediately thereafter the 
name of the food imitated, and in that it contained artificial coloring and failed to 
bear a label stating that fact.
• On June 21, 1943, no claimant having appeared, judgments of condemnation were 
entered and the products were ordered'delivered to welfare organizations.