10016. Adulteration and misbranding of prepared mustard. TJ. S. * * *?
v. 4 Barrels * * * of Prepared Mustard. Default decree of?
condemnation, forfeiture, and destruction. (F. & D. No. 15025. I. S.?
No. 5483-t.     S. No. E-3418.)
On July 13, 1921, the United States attorney for the District of Massachu??
setts, 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 con??
demnation of 4 barrels of prepared mustard, remaining in the original un??
broken packages at Lowell, Mass., alleging that the article had been shipped?
by Plochman & Witt, Chicago, 111., on or about August 26, 1920, and transported?
from the State of Illinois into the State of Massachusetts, and charging adul??
teration and misbranding in violation of the Food and Drugs Act. The article?
was labeled in part: " Standard Brand Prepared Mustard Colored With Tur??
meric    50 Gals.    Plochman & Witt   Chicago."
Adulteration of the article was alleged in the libel for the reason that sub??
stances, to wit, mustard hulls and an excessive quantity of starch, had been?
mixed and packed therewith so as to reduce, lower, and injuriously affect its?
quality and strength and had been substituted wholly or in part for prepared?
mustard, which the said article purported to be. Adulteration was alleged for?
the further reason that a coloring matter, to wit, turmeric, had been added?
and mixed with the said article in a manner whereby its damage and inferiority?
were concealed.
Misbranding was alleged in substance for the reason that the statement, to?
wit, " Standard Brand Prepared Mustard," borne on the barrels containing the?
article, concerning the article and the substances and ingredients contained?
therein, was false and misleading, and for the further reason that it was?
labeled as aforesaid so as to deceive and mislead the purchaser into the belief?
that it was prepared mustard of standard quality, whereas, in truth and In?
fact, it was not prepared mustard of standard quality, but was a product con-?
taining mustard hulls and an excessive quantity of cornstarch. Misbranding?
was alleged for the further reason that the article was a product composed?
wholly or in part of mustard hulls and an excessive quantity of cornstarch?
and a coloring matter, to wit, turmeric, and was prepared in imitation of, and?
offered for sale under the distinctive name of, another article, to wit, prepared?
mustard.
On November 14, 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.