5257. Adulteration, and misbranding of pepper. TJ. S. * * * v. lewton 
Tea & Spice Co., a corporation. Plea of guilty. Fine, $600. (F. & 
D. No. 7670.    I. S. No. 3795-k, 4613-k, 4644-k, 14436-k, 15303-k, 15809-k.)
On December 20, 1916, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against the Newton 
Tea & Spice Co., a corporation, 18 Bast Second Street, Cincinnati, Ohio, alleging 
shipment by said company, in violation of the Food and Drugs Act, on or about 
March 1, 1915, March 19, 1915, May 17, 1915, April 9, 1915, May 11, 1915, and 
May 21, 1915, from the State of Ohio into the States of South Carolina, West 
Virginia, Pennsylvania, Kentucky (2 shipments), and Mississippi, respectively, 
of quantities of pepper which were adulterated and misbranded.
Analyses of samples of the article in each shipment by the Bureau of Chem- 
istry of this department showed that it consisted of a mixture of pepper and 
pepper shells.
Adulteration of the article in all of the shipments was alleged in the informa- 
tion for the reason that a certain substance, to wit, pepper shells, had been 
mixed and packed therewith so as to reduce, lower, and injuriously affect its 
quality and strength, and had been substituted in part for pure ground pepper 
(or pure pepper), which the article purported to be.
It was charged in substance in the information that the article in each ship- 
ment was misbranded for the reason that certain statements, regarding it and 
the ingredients and substances contained therein, appearing on its labels, were 
false and misleading in that they indicated to purchasers thereof that the 
article consisted of pure ground pepper (or pure pepper) ; and for the further 
reason that the article was labeled so as to deceive and mislead purchasers into 
the belief that it consisted of pure ground [pepper] (or pure pepper), when, in 
truth and in fact, it did not, but consisted of, to wit, ground pepper (of1 pepper) 
and added pepper sheila Misbranding was alleged for the further reason that 
the article consisted of a mixture of ground pepper (or pepper) and added 
pepper shells, and was an imitation of and was offered for sale under the dis- 
tinctive name of another article, to wit, pure ground pepper (or pure pepper).
On March 5, 1917, the defendant company entered a plea of guilty to the in- 
formation, and the court imposed a fine of $600.
It. A. PEARSON, Acting Secretary of Agriculture.