10833.?Adulteration   and   misbranding   of   prepared   mustard.     U.   S.   v.   6
Cases and 29 Cases of Prepared Mustard. Default decree of con??
demnation, forfeiture, and destruction. (F. & D. No. 14618. I. S.?
Nos. 3222-t, 3223-t.    S. Nos. C-2859, C-2860.)
On March 14, 1921, the United States attorney for the Eastern District of?
Illinois, 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 6 cases and 29 cases of prepared mustard, remaining unsold?
in the original unbroken packages at Cairo, 111., consigned in part by the Bayle?
Food Products Co., St. Louis, Mo., and in part by the Evans-Rich Mfg. Co.,?
St. Louis, Mo., alleging that the article had been shipped on or about August?
4 and 17, 1920, and transported from the State of Missouri into the State of?
Illinois, and charging adulteration and misbranding in violation of the Food?
and Drugs Act, as amended. The 6 cases of mustard were labeled in part:?
" 10 Oz. Net Wgt. Fox Brand Old English Style Prepared Mustard." The?
29 cases were labeled in part: " Fox; Brand Superior Prepared Mustard 9 Oz."
Adulteration of the article was alleged in the libel for the reason that mus??
tard hulls had been mixed and packed therewith and substituted wholly or in?
part for the article, and for the further reason that said article was mixed?
and colored in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements on the labels,?
" 10. Oz. Net Wgt. * * * Prepared Mustard Mustard Seed, Vinegar, Salt?
and Condiments. Colored and Flavored with Turmeric " and " Prepared Mus??
tard 9 Oz.," were false and misleading and deceived and misled purchasers,?
for the further reason that said article was an imitation of and offered for?
sale under the distinctive name of another article, and for the further reason?
that said article was in package form, and the quantity of the contents was?
not plainly and conspicuously marked on the outside of the package, since ttie?
statement made was not correct.
On June 30, 1922, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.