20855. Adulteration and Misbranding of mustard.    U. S. v. 4 Cases and 6
Cases   of  Mustard.    Default   decree   of   condemnation,  forfeiture, 
and destruction.     (P. & D. no. 29964.    Sample nos. 34563-A, 34564-A.)
This case involved an interstate shipment of prepared mustard that contained 
added mustard bran.
On March 21, 1933, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States a libel praying seizure and condemna- 
tion of 10 cases of prepared mustard at Providence, R.I., alleging that the 
article had been shipped in interstate commerce, on or about January 21, 1983, 
by the Mid-West Food Packers, Inc., from Fowlerton, Ind., to Providence, R.I., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act.   The article was labeled in part: " Trump Brand Pure Prepared Mustard."
It was alleged in the libel that the article was adulterated in that mustard 
bran had been substituted in part for the article.
Misbranding was alleged for the reason that the statement on the label, 
" Prepared Mustard ", was false and misleading and deceived and misled the 
purchaser, when applied to a product containing added mustard bran; and for 
the further reason that the article was offered for sale under the distinctive 
name of another article.
On April 13, 1933, 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.
R. G. TTJGWELL, Acting Secretary of Agriculture.