13192. Misbranding of black pepper.    U. S. v. Comegys Food Co. and Robert A.
Comegys, Jr. Plea of nolo contendere by Comegys Food Co.; fine, $100. 
Plea of not guilty by Robert A. Comegys, Jr.; judgment of not guilty.
(F. D. C. No. 23226.    Sample Nos. 2084-H, 2085-H, 64653-H.)
INFORMATION FILED: November 21, 1947, Eastern District of Pennsylvania, 
against the Comegys Food Co., a partnership, Philadelphia, Pa., and Robert 
A. Comegys, Jr., a partner.
ALLEGED SHIPMENT : On or about November 5, 12, and 20, 1946, from the State 
of Pennsylvania into the State of Connecticut and the District of Columbia.
*See also No. 13170.
(packages, in small type) "Ingredients Contains pepper, buckwheat, farina, 
wheat flour, salt, oil of cubeb, oleoresin of capsicum, Cereal Base * * * A 
Compound of Black Pepper."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "Black
Pepper" was false and misleading, since the product contained little or no - 
pepper; and, Section 403 (f), the information required by law under Section 
403 (i) (2), i. e., the common or usual name of each of the ingredients, was not 
prominently placed on the label with such conspicuousness (as compared with 
other words, statements, designs, or devices in the labeling of the food) as to 
render it likely to be read and understood by the ordinary individual under 
customary conditions of purchase and use, since the statement of ingredients 
appeared on the label in small type.
DISPOSITION : December 22,1947. A plea of nolo contendere having been entered 
on behalf of the partnership, and a plea of not guilty having been entered on 
behalf Of the individual, the partnership was fined $100 and the individual de- 
fendant was found not guilty.