10183. Adulteration  and misbranding of prepared mustard.    U.  S.  v.  Jas. H.
Forbes Tea and Coffee Co. and Frederick: E. Stillman. Motion to quash, 
overruled. Pleas of nolo contendere. Corporation fined $800; indi- 
vidual, $200.    (F. D. C. No. 16503.    Sample Nos. 22648-H, 22649-H.)
INFORMATION FILED : August 14, 1945, Eastern District of Missouri, against Jars. 
H. Forbes Tea and Coffee Co., a corporation, St. Louis, Mo., and Frederick E. 
Stillman, vice president and secretary.
ALLEGED SHIPMENT : On or about January 28 and 29,1945, from the State of Mis- 
souri into the State of Illinois.
PRODUCT: Examination of the product showed the presence of insects and in- 
sect fragments, and 1:he jars were found to contain less than the declared 
weight.
LABEL IN PART: "9 Oz. Net Forbes Martha Washington Brand * * * 
Pure Prepared Mustard."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of insect 
fragments and insects; and, Section 402 (a) (4), it had been prepared under 
insanitary conditions whereby it may have become contaminated with filth.
Misbranding, Section 403 (e) (2), the product failed to bear a label con- 
taining an accurate statement of the quantity of the contents.
DISPOSITION: On October 5, 1945, the defendants filed a motion to quash the 
counts charging Adulteration of the product on the grounds that the informa- 
tion did not allege that the mustard was deleterious or dangerous to the health 
of the consumer, and that the information did not set forth the amount of the 
insect fragments either by count or percentage. On April 9, 1946, defendants' 
motion to quash having been overruled, pleas of nolo contendere were entered 
and the corporation and the individual defendant were fined $800 and $200, 
respectively.