29635. Adulteration and misbranding of horseradish.    U. S. v. 17 Gallon Jars of
Horseradish.   Default decree of condemnation and destruction.    (F. & D.
No. 42992.    Sample No. 25475-D.)
This product was represented to be horseradish, but in fact consisted of 
foreign plant tissue, principally parsnip, with no horseradish tissue present. 
Furthermore, the quantity of contents was not declared.
On or about June 29, 1938, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 17 gallon jars of 
horseradish at New Haven, Conn.; alleging that the article had been shipped 
in interstate commerce on or about June 7, 1938, by New Jersey Empire Pickle 
Works, Inc., from Newark, N. J.; and charging adulteration and misbranding in 
violation of the Food and Drugs Act   The article was unlabeled.
Adulteration was alleged in that a substance consisting principally of ground 
parsnips and containing no horseradish tissue had been substituted wholly or 
in part for horseradish. Misbranding was alleged in that the article was 
offered for sale under the distinctive name of another article, namely, horse- 
radish. It was alleged to be misbranded further in that it was food in pack- 
age form and the quantity of the contents of the package was not plainly and 
conspicuously marked on the outside of the package.
On October 27, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.