20972. Adulteration and Misbranding of prepared mustard. U. S. v. 42 
Cases, et al., of Prepared Mustard. Portion of product released 
under bond to be relabeled. Remainder condemned and ordered 
delivered to charitable Institutions, or destroyed. (F. & D. nos. 
29759, 29775, 29839, 29907, 29929. Sample nos. 18205-A, 21539-A, 21607-A, 
33172-A, 33173-A, 34501-A.)
These cases involved interstate shipments of prepared mustard which was 
found to be short weight. Examination also showed the presence of added 
mustard bran in certain lots.
On January 20, 1933, the United States attorney for the Middle District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 42 cases of prepared 
mustard at Dothan, Ala. On January 26 and on February 11, 1933, libels 
were filed in the Northern District of New York against 35 cases of prepared 
mustard at Utica, N.Y., and 18% dozen jars at Syracuse, N.Y.; on March 
6, 1933, a libel was filed against 62 cases of the product at Worcester, Mass., and 
on March 15, 1933, a libel was filed in the Southern District of Alabama 
against 150 cases at Mobile, Ala. It was alleged in the libels that the article 
had been shipped in interstate commerce, by the Mid-West Food Packers, 
Inc., from Fowlerton, Ind., into the States of New York, Massachusetts, and 
Alabama, that the shipments had been made between October 29, and December 
28, 1932, that a portion was adulterated and that all lots were misbranded ip 
violation of the Food and Drugs Act as amended. A portion of the article 
was labeled; " Thames Brand Prepared Mustard Contents 2 lbs." The remain- 
der was labeled: " Mid-West Brand Prepared Mustard Contents 8 Oz. [or 
" Net Contents 1 Lb. And." or " Contents 2 Lbs."] * * * Mid West Food 
Packers, Inc., Fowlerton [or " Marion "] Indiana."
It was alleged in the libels that a portion of the article was adulterated in 
that mustard bran had been substituted in part for the article.
Misbranding was alleged with respect to the portion of the article containing; 
mustard bran for the reason that the statement, " Prepared Mustard," was 
false and misleading and deceived and misled the purchaser; and for the fur- 
ther reason that it was offered for sale under the distinctive name of another 
article. Misbranding was alleged with respect to all lots for the reason that 
the statements, " Contents Two Lbs.", " Contents 8 Oz.", " One Lb. And.", and 
" Net Contents Two Lbs.", were false and misleading and deceived and misled 
the purchaser, and for the further reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statements made on the 
labels were incorrect.
The Ayers Brokerage Co. filed a claim for the product seized at Dothan, 
Ala. No claimant appeared in the remaining cases. On April 11 and 26, 1933, 
judgment was entered in the Northern District of New York, condemning and 
forfeiting the product, and on April 20, and July 8, 1933, similar decrees 
were entered in the Massachusetts and Southern Alabama cases. The lot 
seized at Worcester, Mass., was ordered destroyed and the lots seized at 
Syracuse, N.Y., and Mobile, Ala., were ordered delivered to charitable insti- 
tutions in lieu of destruction, in view of the fact that the article contained 
no deleterious ingredient. On May 24, 1933, the lot seized at Dothan, Ala., 
was released to the claimant to be relabeled with a statement of the correct 
weight.
R. G. TTJGWELL, Acting Secretary of Agriculture.