17947. Misbranding of black pepper.   U. S. v. Frank Ferro (Katy Fruit Market).
Plea of nolo contendere.   Fine of $100, plus costs.    (F. D. C No. 30614. 
Sample Nos. 70751-K, 70752-K.)
INFORMATION FILED: August 1, 1951, District of Kansas, against Frank Ferro, 
trading as the Katy Fruit Market, Kansas City, Kans.
ALLEGED VIOLATION : On or about August 30, 1950, a drum containing a product 
labeled, in part, "Imitation Ground Pepper" was shipped from the State of 
Missouri into the State of Kansas, to the Katy Fruit Market at Kansas City, 
Kans. Subsequently, while the product was being held for sale after shipment 
in interstate commerce, the defendant removed a quantity of the product from 
the drum and repacked it into unlabeled bags, and placed in proximity to the 
repacked product a placard bearing the statement "Ground Black Pepper 
980 Full Pound" and placed in the store window a sign bearing the statement 
"Black Pepper   980 Lb."
NATURE OF CHARGE; Misbranding, Section 403 (b), the product in the bags 
was imitation ground black pepper, and it was offered for sale under the 
name of another food, ground black pepper; and, Section 403 (e), the label 
of the product in the bags failed to bear, in type of uniform size and promi- 
nence, the word "imitation" and, immediately thereafter, the name of the food 
imitated. The product was misbranded while held for sale after shipment in 
interstate commerce.
DISPOSITION: November 12, 1951. A plea of nolo contendere having been 
entered, the court fined the defendant $100, plus costs.