12771. Adulteration   and.   misbranding   of  prepared   mustard.     V.   S.   v.   63
Barrels of Prepared Mustard. Decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 18595. I. S. 
No.  15092-v.    S.  No.  E-4805.)
On April 18, 1924, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 63 barrels of prepared mustard, remaining in the original 
unbroken packages at Baltimore, Md., consigned March 25, 1924, alleging that 
the article had been shipped by J. P. Smith & Co., from New York, N. Y., and 
transported from the State of New York into the State of Maryland, and 
charging adulteration in violation of the food and drugs act. The article 
was labeled in part: (Barrel) "48 Gallon Prepared Mustard Compound 
Mustard Seed Mustard Bran, Turmeric S'pices Salt & Vinegar."
Adulteration of the article was alleged in the libel in that a substance, 
added mustard bran, mixed and colored in a manner whereby damage or 
inferiority was concealed, had been mixed and packed with the said article 
so as to reduce, lower, or injuriously affect its quality and strength and had 
been substituted wholly or in part for the article.
Misbranding was alleged for the reason that the statement appearing in 
the labeling, " Prepared Mustard," was false and misleading and deceived 
and misled the purchaser, and for the further reason that the article was an 
imitation of and offered for sale under the distinctive name of another article.
On May 8, 1924, Helwig & Leitch, Baltimore, Md., having appeared as 
claimant for the property, judgment of condemnation was entered, and it 
was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $900, in conformity with section 10 of the act, conditioned in part 
that it be relabeled to show its content of mustard bran.
HOWARD M. GORE, Secretary of Agriculture.