16796. Adulteration and misbranding of "replacement" pepper.   U. S. v. 1 Drum
*   *   *.    (F. D. C. No. 29694.    Sample No. 40364-K.)
LIBEL FILED :    On or about August 21, 1950, District of Maryland.
ALLEGED SHIPMENT: On or about May 4, 1950, by the Austin Food Products 
Corp., from Brooklyn, N. Y.
PRODUCT: 1 unlabeled drum containing 50 pounds of an article invoiced as 
"Beplacement Pepper" at Baltimore, Md.
Examination showed that the product consisted of a substance having the 
characteristics of ground nutmeg, with a small amount of black pepper and an 
oil having the flavor of capsicum or other hot peppers.
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
pepper, had been omitted in part from the article; and, Section 402 (b) (4), 
substances had been added to the article and mixed and packed therewith to 
increase its bulk or weight.
Misbranding, Section 403 (b), the article was offered for sale under the 
name of another food, namely, pepper; Sections 403 (e) (1) and (2), the 
article failed to bear a label containing the name and place of business of the 
manufacturer, packer, or distributor, and an accurate statement of the quantity 
of the contents; and, Section 403 (i) (2), the article was fabricated from two 
or more ingredients, and its label failed to bear the common or usual name of 
each such ingredient.
DISPOSITION : September 26, 1950. Default decree of condemnation and de- 
struction.