14898. Misbranding;   and   alleged   Adulteration of   marjoram.      U.   S.   v.   1
Barrel of Marjoram. Default decree of condemnation, forfeiture, 
and destruction. (F. & D. No. 21342. I. S. No. 1888-x. S. No. 
C-5103.)
On October 26, 1926, the United States attorney for the Southern District of 
Ohio, acting upon a report by th Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 1 barrel of marjoram, remaining unsold in the original package 
at Cincinnati, Ohio, consigned by the R. T. French Co., Rochester, N. Y., about 
September 22, 1926, alleging that the article had been shipped in interstate 
commerce from the State of New York into the State of Ohio, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " Sweet Marjoram The R. T. French Company 
Spice Importers, Rochester, N. Y."
It was alleged in the libel that the article was adulterated, in that a sub- 
stance, excessive dirt and sand, had been used and packed with the said article, 
so as to reduce, lower, and injuriously affect its quality and strength and had 
been substituted wholly or in part therefor.
Misbranding was alleged for the reason that the statement " Sweet Mar- 
joram—Spice Importers," borne on the label, was false and misleading and 
deceived and misled the purchaser, and for the further reason that the article 
was offered for sale under the distinctive name of another article.
On February 5, 1927, no claimant having appeared for the property, judgment 
of the court was entered, finding the product misbranded and ordering its con- 
demnation and forfeiture, and it was further ordered by the court that the 
said product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.