9161. Adulteration and misbranding of cinnamon, white, pepper, paprika, and
nutmegs.   TJ. S. v. William G. Dean, alias John C. Rivers, (Sure-Rise Bak- 
ing; Powder Co.).   Plea of guilty.   Sentence, 30 days in jail.    (F. D. C. No.
9671.    Sample Nos.  17789-F, 17790-F,  19192-F, 44802-F to 44807-F, tncl., 
44812-F.)
INFORMATION FILED : May 3, 1945, Southern District of New York against Wil- 
liam G. Dean, alias John C. Rivers, trading as the Sure-Rise Baking Powder Co., 
New York, N. Y.
ALLEGED SHIPMENT : Between the approximate dates of April 28, 1.942, and Feb- 
ruary 2, 1943, from the State of New York into the State of New Jersey.
PRODUCT: Examination disclosed that each of the products consisted in part of 
a foreign starch; that the paprika also contained artificial color; and that the 
cinnamon, nutmeg, and one of the five shipments of pepper were short-weight.
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), mixtures containing 
foreign starch had been substituted in whole or in part for cinnamon, white 
pepper, paprika, and nutmeg; and, Section 402 (b) (4), a foreign starch had 
been added to the products or mixed or packed with them so as to reduce their 
quality and strength. Further adulteration, Section 402 (b) (3), the article 
labeled "Paprika" was inferior to paprika and had been artificially colored in a 
manner whereby such inferiority was concealed.
Misbranding, Section 403  (a), the label statements, "Cinnamon," "White
. Pepper," "Pure White Pepper," "Pure Ground White Pepper," "Fancy Paprika," 
and "Nutmeg," were false and misleading; and the statement "1 Lb. Net," 
appearing on the can labels of the cinnamon, nutmeg, and one of the shipments 
of white pepper, was false and misleading since the cans contained less than 
1 pound. Further misbranding. Section 403 (b), the articles were offered for 
sale under the names of other foods; Section 403 (c), the article labeled 
"Paprika" was an imitation, 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; Section 403 (e) (1), the cinnamon, paprika, nutmeg, and two 
\ of the shipments of the white pepper failed to bear labels containing the name 
and place of business of the manufacturer, packer, or distributor; Section 
403 (e) (2), the cinnamon, nutmeg, and one of the shipments of white pepper 
failed to bear labels containing an accurate statement of the quantity of the 
contents ; Section 403 (i) (2), the labels of the articles failed to bear the common
or usual name of each ingredient; and, Section 403 (k), the paprika contained 
artificial coloring and- failed to -bear labeling stating that fact.
DISPOSITION: June 26, 1945. A plea of guilty haying been entered, the court 
sentenced the defendant to. serve 30 days in jail.