10256. Adulteration and misbranding of mnstard. V. S. * * * v. 228?
Cases * * * of Bayle Quality Old English Mustard, et al.?
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F.   &  D.  Nos.   14987,   15312,   15313.    I.   S.  Nos.  10597-t,   10946-t,   10947-t,?
10948-t.    S. Nos. W-979,  W-998, W-1003.)
On or about June 21 and August 13, 1921, respectively, the United States?
attorney for the District of Oregon, acting upon reports by the Secretary of?
Agriculture, filed in the District Court of the United States for said district?
libels for the seizure and condemnation of 341 cases of Old English mustard?
and 85 cases of Old English horseradish mustard, remaining in the original?
unbroken packages at Salem and Portland, Oreg., respectively, alleging that?
the articles had been shipped by the Bayle Food Products Co., Luther, Mo.,?
August 2, 1920, and transported from the State of Missouri into the State?
of Oregon, and charging adulteration and misbranding in violation of the?
Food and Drugs Act. The articles were labeled in part, respectively: (Jars)?
" * * * Bayle Quality Old English Style Prepared Mustard Bayle Food?
Products Co., St. Louis. Mustard Seed, Vinegar, Salt and Spices with?
Turmeric"; and (jars) "6 Oz. Net Bayle Quality Old English Style Horse??
radish Mustard Bayle Food Products Co., St. Louis, Mo. Horseradish, Mus??
tard Seed, Vinegar, Salt and Spices with Turmeric."
Adulteration of the articles was alleged in substance in the libels for the?
reason that a certain substance, to wit, mustard hulls, had been mixed'and?
packed with the said articles so as to reduce and lower and injuriously affect?
their quality and strength; for the further reason that they consisted in part?
of mustard hulls, an inferior substitute for mustard seed; and for the further?
reason that they had been mixed and colored in such a manner that their dam??
age and inferiority were concealed.
Misbranding was alleged in substance for the reason that the labels bore?
the above-quoted statements, which were false and misleading and were cal??
culated to deceive and mislead the purchaser in that the said statements repre??
sented that the ingredients of the said articles were mustard seed, vinegar,?
salt, and spices, with turmeric, or horseradish, mustard seed, vinegar, salt,?
and spices, with turmeric, as the case might be, whereas, in truth and in fact,?
the said articles did not consist of the above-named ingredients but did con??
tain mustard hulls, and the said horseradish mustard contained no horse??
radish. Misbranding was alleged for the further reason that the articles?
were imitations of, and were offered for sale under the distinctive names of,?
other articles, to wit, "Prepared Mustard" and "Horseradish Mustard,"?
respectively.
On September 21, 1921, no claimant having appeared for the property,?
judgments of condemnation and forfeiture were entered, and it was ordered?
by the court that the products be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.