16953. Adulteration   and   Misbranding of   prepared   mustard.      V.   S.   v.   5
Cases of Prepared Mustard. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 23409. 
I. S. No. 07425.    S. No. 1581.)
On February 15, 1929, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 5 cases, each containing a number of jars of prepared mustard, remaining 
in the original unbroken packages at Denver, Colo., consigned by the Jewett & 
Sherman Co., Kansas City, Mo., alleging that the article had been shipped from 
Kansas City, Mo., on or about January 21, 1929, and transported from the 
State of Missouri into the State of Colorado, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled 
in part: (Jar) "Crown Brand * * * Prepared Mustard Colored with 
Turmeric.    Holsum Products Inc., Chicago, Milwaukee, Kansas City."
It was alleged in the libel that the article was adulterated in that mustard 
bran had been mixed and packed with and substituted in part for the said 
article.
Misbranding was alleged for the reason that the designation " Prepared 
Mustard " was false, misleading, and deceptive, and misled the purchaser. Mis- 
branding was alleged for the further reason that the article was an imitation 
of and was offered for sale under the distinctive name of another article.
On November 27, 1929, the Holsum Products (Inc.), Chicago, Ill. claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $100, conditioned 
in part that it be relabeled under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.