17199. Adulteration   and misbranding of   piccalilli   peppers.   U. S.   v.   22
Cases   *    *    *.    (F. D. C. No. 30381.    Sample No. 81777-K.)
LIBEL FILED :   January 11,1951, Eastern District of Pennsylvania.
ALLEGED SHIPMENT : On or about November 22, 1950, by Uddo & Taormina Co., 
from Vineland, N. J.
PRODUCT: 22 cases, each containing 24 jars, of piccalilli peppers at Philadelphia, 
Pa.
LABEL, IN PART : (Jar) "II Primo Brand Piccalilli Peppers Contents 7% Fluid 
Ozs."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a filthy substance by reason of the presence of fly eggs and 
maggots, and of a decomposed substance by reason of the presence of rotten 
pepper pieces.
Misbranding, Section 403 (e) (2), the article failed to bear a label contain- 
ing an accurate statement of the quantity of the contents since the label state- 
ment "Contents 7% Fluid Ozs." was inaccurate (the article was short volume), 
and the weight should have been declared in terms of avoirdupois ounces rather 
than fluid ounces.
DISPOSITION : March 28, 1951. The shipper of the product having advised that 
he would not interpose any defense to the action, judgment of condemnation 
was entered and the court ordered that the product be destroyed.