10534.  Adulteration  and Misbranding of mustard.    TJ. S.     *     *     *     v.  350 
Cases of     *     *     *     Mustard.    Decree of condemnation, forfeiture,
and destruction.     (F. & D. No. 14702.    I. S. No. 10596-t.    S. No. W-905.)
On April 6, 1921, the United States attorney for the District of Oregon, 
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 350 cases- of mustard, remaining in the original unbroken 
packages at Portland, Oreg., alleging that the article had been shipped by 
the Bayle Food Products (Jo., from Luther, Mo., August 2, 1920, and trans- 
ported from the State of Missouri into the State of Oregon, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: (Jars) "Six Ounces" (or "Nine Ounces") 
" Net Bayle Quality Horseradish Mustard. Bayle F'ood Products Co., St. 
Louis    *    *    * "
Adulteration of the article was alleged in the libel for the reason that mus- 
tard hulls had been mixed and packed with and substituted in part for the 
article and for the further reason that it was colored in a manner whereby 
damage and inferiority were concealed.
Misbranding was alleged in substance ,for the reason that the statements, 
" Prepared Mustard, Horse-radish, Mustard Seed, Vinegar, Salt and Spices 
with Turmeric," appearing on the labels of the jars containing the said 
article, were false and misleading and deceived and misled purchasers, since 
the said article contained added mustard hulls and did not contain sufficient 
quantity of horse-radish to justify the use of the word "Horse-radish" as an 
ingredient.
On February 11, 1922, the matter having come on for final disposition, 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.