5551.  Misbranding-   and.   alleged   adulteration   of   so-called   mustard   seed.
U. S. * * * -v. 260 Bag's * * * of Rapeseed. Consent decree 
of condemnation and forfeiture. Product ordered released on 
bond.     (F. & D. No. 7505.    I. S. No. 12921-1.    S. No. C-535.)
On June 6, 1916, the United States attorney for the Northern District of Ohio, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the seizure and condemnation 
of 260 bags, each containing 160 pounds of rapeseed, alleging that the article 
had been shipped on or about May 6, 1916, by the North American Mercantile 
Co., San Francisco, Cal., and transported from the State of California into the 
State of Ohio, and charging adulteration and misbranding in violation of the 
Food and Drugs Act.   The article was invoiced as mustard seed.
Adulteration of the article was alleged in the libel for the reason that yellow 
rapeseed, brown seeds, and dirt had been substituted wholly for mustard seed, 
which the article purported to be.
Misbranding was alleged for the reason that said rapeseed was an imitation 
of and offered for sale under the distinctive name of another article, to wit, 
mustard seed.
On April 14, 1917, the Widlar Co., Cleveland, Ohio, claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation and forfeiture 
was entered, the court finding the product misbranded, and it was ordered by 
the court that the product should be delivered to said claimant upon the pay- 
ment of the costs of the proceedings and the execution of a bond in the sum of 
$1,000, in conformity with section 10 of the act, conditioned in part that said 
article should not be sold or disposed of unless properly labeled to show the 
true character of said rapeseed.
C. F. MABVIN, Acting Secretary of Agriculture.