29654. Adulteration and misbranding of horseradish. IT. S. v. 15 Cases and 9 
Cases of Horseradlish. Default decrees of condemnation and destruc- 
tion.    (F. & D. Nos. 43091, 43092.    Sample Nos. 25986-D, 25988-D.)
One lot of this product consisted largely of parsnip with little, if any, horse- 
radish; the other lot consisted of horseradish and a considerable amount of 
parsnip.
On July 20, 1938, the United States attorney for the Eastern District of New 
Tork, acting upon a report by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 24 cases of horseradish at 
Brooklyn, N. Y.; alleging that the article had been shipped in interstate com- 
merce in part on or about May 21, 1938, and in part on or about June 2, 1938, 
by the 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 labeled in part: "Boyd Brand Prepared Horse Radish."
Adulteration of a portion was alleged in that parsnip had been mixed and 
packed with it so as to reduce or lower its quality, -and had been substituted 
wholly or in part for the article. Adulteration of the remainder was alleged 
in that parsnip had been mixed with it so as to lower or reduce its quality, and 
in that horseradish and a considerable amount of parsnip had been substituted 
wholly or in part for the article. Adulteration of both lots was alleged in that 
the article had been mixed in a manner whereby inferiority was concealed.
The article was alleged to be misbranded in that the statement "Horse Radish" 
was false and misleading and tended to deceive and mislead the purchaser. 
Further misbranding was alleged in that the article was an imitation of and 
was offered for sale under the distinctive name of another article, horseradish.
On September 28,1938, no claimant having appeared, judgments of condemna- 
tion were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.