102S4. Adulteration and misbranding of horseradish mustard. V. S. * * *?
v. 2 Barrels * * * of * * * Horseradish Mustard. Default?
decree of condemnation, forfeiture, and destruction.     (F.  & D.  No.
14666.    I. S. No. 1584-t.    S. No. C-2878.)
On March 25, 1921, the United States attorney for the Southern 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 con??
demnation of 2 barrels of horseradish mustard, remaining unsold in the orig??
inal barrels at Columbus, Ohio, consigned by the Bayle Food Products Co., St.?
Louis, Mo., October 9, 1920, alleging that the article had been shipped from St.?
Louis. Mo., and transported from the State of Missouri into the State of Ohio,?
and charging adulteration and misbranding in violation of the Food and Drugs?
Act. The article was labeled in part: " Horseradish Mustard Colored and?
Flavored with Turmeric * * * Manufactured by the Bayle Food Products?
Co., St. Louis, Missouri."
Adulteration of the article was alleged in the libel for the reason that mus??
tard hulls had been mixed and packed with, and substituted wholly or in part?
for, the said article and for the further reason that it had been mixed and?
colored in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the designation " Horseradish?
Mustard " was false and misleading and deceived and misled the purchaser and?
for the further reason that it was an imitation of, and offered for sale under?
the distinctive name of, another article.
On February 17, 1922, 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. F. MARVIN, Acting Secretary of Agriculture.