9415. Adulteration   and   Misbranding of   mustard.      U.    S.      *       *   .   *      v.    16
Cases    *     *    *    of Bayle Quality Prepared Mustard    *      *   *.    Default 
decree  of  condemnation, forfeiture,  and  destruction.     (F.   &  D.   No.
13973.    I. S. No. 1350-t.    S. No. C-2588.)
On November 30, 1920, 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 16 cases, more or less, of Bayle Quality prepared mustard, 
consigned by the Bayle Food Products Co., St. Louis, Mo., remaining unsold 
in the original unbroken packages at Centralia, Ill., alleging that the article 
had been shipped from St. Louis, Mo., on or about September 2, 1920, and trans- 
ported from the State of Missouri into the State of Illinois, and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Bayle Quality Prepared Mustard Bayle Food Products 
Co. St. Louis 16 Oz. Net Weight Avois. Mustard Seed, Vinegar, Salt and Con- 
diments    Colored and Flavored with Turmeric."
Adulteration of the article was alleged in the libel for the reason that mus- 
tard bran had been mixed and packed with, and substituted wholly or in part 
for, the article, and for the further reason that it was mixed and colored in 
a manner whereby damage or inferiority was concealed.
Misbranding was alleged for the reason that the statements, " Prepared Mus- 
tard * * * 16 Oz. Net Weight Avois. Mustard Seed, Vinegar, Salt and 
Condiments Colored and Flavored with Turmeric," were false and misleading 
and deceived and misled the purchaser, and for the further reason that the 
article was an imitation of, and was offered for sale under the distinctive name 
of, another article.
On February 21, 1921, no claimant having appeared for the property, judg- 
ment 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.